Butru Nut v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.61415 of 2025 Arising Out of PS. Case No.-183 Year-2025 Thana- BHAGWAN BAZAR District- Saran ====================================================== 1.
Butru Nut, S/o Satat Nut, R/o village - Kanhauli Manohar, P.S. - Baniyarpur, District- Saran 2.
Chilu Nut @ Chhiltu Nut, S/o Shiv Nath Nut, R/o vill - Daudpur, P.S.- Daudpur, Distt.- Saran 3.
Sahabu @ Md. Sahabuddin, S/o Mohammad Ramzan @ Ramzan Ali, R/o vill - Kanhauli Jalalpur, P.S.- Rivilganj, Distt.- Saran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Hemant Kumar, Advocate For the Opposite Party/s :
Mr. Mithlesh Kumar Khare, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 10-09-2025 Heard the parties.
2. The petitioners are apprehending their arrest in connection with Bhagwan Bazar P.S. Case No. 183 of 2025 registered for the offences punishable under Sections 317(4), 317(5), 112(2) of the Bharatiya Nyaya Sanhita.
3. The accusation against the petitioners is of stealthily causing disappearance of the cattle of the informant. In course of search made by the informant, it was found that the petitioners along with one Ramzan Ali were standing with a Tata Magic vehicle wherein three cattle were kept. On enquiry, the petitioners, who were standing with Ramzan Ali succeeded
Patna High Court CR. MISC. No.61415 of 2025(2) dt.10-09-2025 2/3 in fleeing away with Magic vehicle.
4. Learned Advocate for the petitioners submitted that the petitioner no.3 is the bonafide owner of the Tata Magic vehicle, in question, whereas petitioner nos. 1 and 2 had purchased the cattle, which were transported through the Tata Magic, in question. In fact, on suspicion, the present F.I.R. has been instituted and it has not been disclosed in the F.I.R. that the cattle, which were found in Tata Magic, were the stolen cattle of the informant, rather only suspicion has been raised. Petitioner nos. 1 and 2 bear fair antecedent, whereas petitioner no.3 is facing one criminal case, which has been disclosed in para.3 of the petitioner, however, he is on bail in the said case. The petitioners undertake that they will fully cooperate in the proceeding of the court.
5. On the other hand, learned APP for the State vehemently opposes the bail application and submits that the petitioners were succeeded in fleeing away with the stolen cattle, though they were identified by the informant.
6. Having considered the submissions set forth by the learned Advocate for the respective parties and taking note of the materials available on record, especially Annexures-P/2 and P/3, let the petitioners, named above, in the event of their arrest
Patna High Court CR. MISC. No.61415 of 2025(2) dt.10-09-2025 3/3 or surrender before the court below within four weeks from the date of receipt/production of a copy of this order, be released on bail on furnishing bail bonds of Rs.10,000/- (Rupees ten thousand) each with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-I, Saran at Chapra in connection with Bhagwan Bazar P.S. Case No. 183 of 2025, subject to the condition as laid down under Section 482 (2) of the Bharatiya Nagarik Suraksha Sanhita, 2023 with the further condition that one of the bailors shall be the own/close relative of the petitioners.
(Harish Kumar, J) uday/- U T