Patna High Court
Nawal Saw @ Nawal SahversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ALOK KUMAR SINHA
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
- Bhartiya Nagarik Suraksha Sanhita — s. 305(e), 334(2), 482(2)
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
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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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