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Patna High Court

Satyendra Nut @ Satendra NatversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Bail was granted subject to strict conditions.

Summary

The petitioner, Satyendra Nut, who is in custody, applied for bail in a case registered under Section 305(a) of the B.N.S. concerning alleged theft of gold ornaments. The prosecution alleged that unknown persons entered the complainant's house and stole the ornaments, and the petitioner’s name appeared in the confessional statements of co‑accused Rakesh Nut and Vishvanath Nut. The petitioner argued that he was falsely implicated despite having a long list of prior convictions and that no incriminating material was recovered from him. The State opposed bail, citing the seriousness of the offence and the petitioner’s criminal antecedents. The court, after considering the submissions, granted bail subject to stringent conditions including sureties, regular court appearances, police monitoring, and verification of antecedents, while noting that the order’s observations would not affect the trial.

Issues considered

  • Whether bail should be granted in a case under Section 305(a) of the B.N.S. to a person with multiple prior convictions and whose name appears in co‑accused confessions
  • Whether the presence of the petitioner’s name in co‑accused statements suffices to deny bail

Legislation cited

Subjects

  • bail
  • criminal antecedent
  • Section 305(a)
  • co‑accused confession
  • conditions of bail
  • police monitoring
  • verification of antecedents

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.91988 of 2025
                        Arising Out of PS. Case No.-181 Year-2025 Thana- AMNAUR District- Saran
                 ======================================================
                 Satyendra Nut @ Satendra Nat S/o- Late Ramchandra Nut Resident of
                 village- Olhanpur Police station-Marhowrah District- Saran

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Ms.Mili Kumari, Advocate
                 For the Opposite Party/s :       Mr.Ganesh Prasad Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY
                                       ORAL ORDER

3   11-02-2026                      Heard the learned counsel for the petitioner and

                   learned APP for the State.

                                2. Petitioner, who is in custody, seeks bail in

                   connection with Amnaur P.S. Case No. 181 of 2025 registered

                   for the offences punishable under Sections 305(a) of the B.N.S.

                                3. The prosecution case is to the effect that the

                   informant has alleged that certain unknown persons entered his

                   house and took away gold ornaments.

                                4. The learned counsel for the petitioner submits that

                   the petitioner has falsely been implicated in this case merely

                   because he carries long list of criminal antecedents against his

                   name. It has further been submitted that the name of the

                   petitioner has transpired in the confessional statement of co-

                   accused, namely, Rakesh Nut and Vishvanath Nut, who were
Patna High Court CR. MISC. No.91988 of 2025(3) dt.11-02-2026
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          apprehended in Amnaur P.S. Case No. 197 of 2025 where they

          have admitted their complicity in the present case. It has further

          been submitted that the seizure of some items were made on the

          lead given by the co-accused Rakesh Nut and no incriminating

          article has been recovered either on the confession of the

          petitioner or from his conscious possession. It has lastly been

          submitted that the petitioner is in custody since 11.08.2025 and

          he carries 12 criminal antecedents.

                       5. The learned A.P.P. has vehemently opposed the

          prayer for bail.

                       6. Considering the aforesaid submission, facts and

          circumstances of the case, let the petitioner, above named, be

          released on bail on furnishing bail bond of Rs. 10,000/- (Ten

          thousand) with two sureties of the like amount each to the

          satisfaction of the learned court below where the case is

          pending/successor court in connection with Amnaur P.S. Case

          No. 181 of 2025 subject to the following conditions:-

                       (i) One of the bailors of the petitioner shall be his

          close relative and the other shall be local resident.

                       (ii) The petitioner shall remain physically present in

          Court on each date of the trial.

                       (iii) In case of absence on two consecutive dates or in
Patna High Court CR. MISC. No.91988 of 2025(3) dt.11-02-2026
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          violation of the terms of the bail, the bail bond of the petitioner

          will be liable to be cancelled by the court concerned.

                       (iv) If the petitioner is found involved in similar

          nature of offence in future, the prosecution shall be at liberty to

          move for cancellation of his bail bond.

                       (v) The learned Court below shall verify the criminal

          antecedent of the petitioner and in case at any stage it is found

          that the petitioner has concealed his criminal antecedent, the

          court below shall take step for cancellation of bail bond of the

          petitioner. However, the acceptance of bail bonds in terms of the

          above-mentioned order shall not be delayed for purpose of or in

          the name of verification.

                       (vi) In view of the antecedent of the petitioner, the

          petitioner is directed to appear before the Superintendent of

          Police, Saran at Chapra within fifteen days of his release with a

          copy of this order and every two weeks thereafter for the next

          nine months. The conduct of the petitioner will be kept under

          watch in this period by the Superintendent of Police concerned

          and if it is found wanting in any respect, a report shall be made

          to the court concerned by him to initiate a proceeding for

          cancellation of bail for reasons of misuse of bail. After reporting

          to the Superintendent of Police, a certificate will be filed by the
           Patna High Court CR. MISC. No.91988 of 2025(3) dt.11-02-2026
                                                       4/4




                     petitioner before the court concerned, order shall not be delayed

                     for purpose of or in the name of verification.

                                  7. Accordingly, the prayer for bail is allowed.

                                  8. It is made clear that the observation, if any, made in

                     this order, shall be of no bearing during the trial.



                                              (Sourendra Pandey, J)
aditya/-

U


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