Akash Nut v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38641 of 2025 Arising Out of PS. Case No.-211 Year-2025 Thana- GARKHA District- Saran ====================================================== Akash Nut S/O Rajesh Nat @ Rajeshwar Nat Resident of village- Olhanpur, Police Station- Marhowrah, district- Saran ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Mukesh Kumar Rana, Advocate For the Opposite Party/s :

Mr. Md. Matloob Rab, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 24-06-2025 Heard learned counsel for the petitioner and learned APP for the State.

2.

The petitioner seeks bail in connection with Garkha P.S. Case No. 211 of 2025 instituted for the offence under Sections 310(4) and 310(5) of the Bharatiya Nyaya Sanhita, 2023 and Sections 25(1-b)a, 26 & 35 of the Arms Act. 3.

On 24.03.2025, police raided the bank of Gandak River near Akhiyarpur village based on a tip-off about a planned crime. Seven persons, including the petitioner, were apprehended while 9-10 others managed to escape. During the search, two loaded country-made pistols were recovered from co-accused Bhim Nut and Shiv Nat, along with mobiles, cash, motorcycle, and other items.

Patna High Court CR. MISC. No.38641 of 2025(3) dt.24-06-2025 2/3 4.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 25-03-2025. Petitioner bears one criminal antecedent/s, as per disclosure made in paragraph No. 3 of the bail application.

5.

It has been further submitted by the petitioner's counsel that petitioner has been falsely implicated in the present case. From perusal of the FIR, it would manifest that there is recovery of one iron Dab from the possession of the petitioner, whereas recovery of arms and other articles were made from other co-accused persons. Allegation levelled against the petitioner is confined to preparation of dacoity only and other than that there is no specific allegation attributed to him. Police after completion of investigation has submitted charge sheet in this case.

6.

Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. 7.

Considering the aforesaid facts and circumstances of the case, period of custody of the petitioner, nature of accusation and charge sheet being submitted, this Court is inclined to grant bail to the petitioner.

8.

Let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with

Patna High Court CR. MISC. No.38641 of 2025(3) dt.24-06-2025 3/3 two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Garkha P.S. Case No. 211 of 2025.

(Rudra Prakash Mishra, J) Raj Kishore/- U T