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Patna High Court

Nawal Saw @ Nawal SahversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court grants anticipatory bail to the petitioner subject to conditions under Section 482(2) of the Bhartiya Nagarik Suraksha Sanhita.

Summary

The petitioner, Nawal Saw, sought anticipatory bail fearing arrest in a case (Govindpur PS No.315 of 2025) alleging theft of wheat and rice under Sections 305(e) and 334(2) of the Bhartiya Nagarik Suraksha Sanhita. The prosecution’s case is based on an informant’s claim of missing goods and a confessional statement of a co‑accused, as the petitioner’s name does not appear in the FIR. The petitioner argued innocence, highlighted the lack of any recovered possession, and noted a single prior criminal antecedent. The State opposed the bail, but the Court, noting the petitioner’s non‑inclusion in the FIR and the precedent of anticipatory bail granted to the co‑accused, decided to grant anticipatory bail subject to conditions under Section 482(2). The order directs the petitioner to furnish bail bonds and comply with cooperation and verification conditions.

Issues considered

  • Whether the petitioner, not named in the FIR but mentioned in a co‑accused’s confessional statement, can be held liable under Sections 305(e) and 334(2) of the Bhartiya Nagarik Suraksha Sanhita.
  • Whether anticipatory bail should be granted to the petitioner under Section 482(2) despite a prior criminal antecedent.

Legislation cited

Subjects

  • anticipatory bail
  • Section 482
  • Bhartiya Nagarik Suraksha Sanhita
  • criminal antecedent
  • FIR
  • confessional statement
  • theft
  • missing goods

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.9543 of 2026
                     Arising Out of PS. Case No.-315 Year-2025 Thana- GOVINDPUR District- Nawada
                 ======================================================
                 Nawal Saw @ Nawal Sah S/o Sri Jai Prakash Saw R/o Village- Kalipur, P.O-
                 Orina, P.S- Muffasil, Dist- Nawada.
                                                                         ... ... Petitioner/s
                                                     Versus
                 The State of Bihar
                                                                  ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Prashant Sinha, Adv.
                                                  Mr. Amar Kumar Singh, Adv.
                                                  Mr. Shrish Anurag, Adv.
                 For the Opposite Party/s :       Mr.Kumar Veerendra Narayan
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA
                                       ORAL ORDER

3   01-04-2026                     Heard learned counsel for the petitioner and learned

                   APP for the State.

                                 2. The petitioner apprehends his arrest in connection

                   with Govindpur P.S. Case No. 315 of 2025, registered for the

                   offence under Sections 305(e), 334(2) of the B.N.S.

                                 3. As per the prosecution case, the informant has

                   alleged that upon opening his godown, he found that 1142 bags

                   of wheat and 200 bags of rice were missing.

                                 4. Learned counsel for the petitioner submits that

                   petitioner is innocent and has committed no offence and has

                   falsely been implicated in this case. Learned counsel for the

                   petitioner further submits that petitioner is not named in the FIR

                   and his name has come up on the confessional statement of co-

                   accused. Learned counsel for the petitioner next submits that
Patna High Court CR. MISC. No.9543 of 2026(3) dt.01-04-2026
                                            2/3




          there is no recovery from the conscious possession of the

          petitioner and the petitioner has one criminal antecedent.

          Learned counsel for the petitioner also submits that co-accused,

          Nagmani Yadav has already been granted anticipatory bail vide

          order dated 04.02.2026 passed in Cr. Misc. No.6366 of 2026.

                        5. The learned APP opposes the anticipatory bail

          application.

                        6. The petitioner is not named in the FIR. His name

          has come up on the confessional statement of co-accused. There

          is no recovery from the conscious possession of the petitioner.

          The petitioner has one criminal antecedent. Co-accused,

          Nagmani Yadav has already been granted anticipatory bail vide

          order dated 04.02.2026 passed in Cr. Misc. No.6366 of 2026.

                        6. Considering all these aspects of the matter, this

          Court is inclined to grant privilege of anticipatory bail to the

          petitioner.

                        7. Accordingly, the petitioner above named, in the

          event of his arrest or surrender before the learned Court below

          within a period of six weeks, is directed to be released on

          anticipatory bail on his furnishing bail-bonds in the sum of

          Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like

          amount each to the satisfaction of the learned Sub-Divisional
          Patna High Court CR. MISC. No.9543 of 2026(3) dt.01-04-2026
                                                      3/3




                    Judicial Magistrate, Nawada in connection with Govindpur P.S.

                    Case No. 315 of 2025, subject to the conditions laid down under

                    Section 482(2) of the Bhartiya Nagarik Suraksha Sanhita and

                    with other following conditions:-

                                 (i)    the     petitioner      shall   co-operate   in   the

                    investigation/trial.

                                 (ii) the learned Court would, however, verify the

                    criminal antecedent of the petitioner and in case it is found that

                    the petitioners have concealed his criminal antecedent, the Court

                    below shall take step for cancellation of bail bond of the

                    petitioner. However, it is expected that the verification process

                    would be done expeditiously without causing any delay.


                                              (Alok Kumar Sinha, J)

Prakash Narayan
U      T


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