Patna High Court
Satyendra Nut @ Satendra NatversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SOURENDRA PANDEY
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
- B.N.S. — s. 305(a)
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
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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
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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
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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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