Dharmendra Nat Vs The State of Bihar — Patna HC (2025) — LawSathi Research

Dharmendra Nat Vs The State of Bihar — Patna HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Bail granted to both petitioners: release on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each, to the satisfaction of the Court below/concerned Court in connection with Parsa Bazar P.S. Case No. 235 of 2024, subject to conditions that one bailor be an own/close family member of the petitioners and that the petitioners appear on each and every trial date, with liberty to the Trial Court to cancel the bail bonds on default in appearance on two consecutive dates.

Issue for consideration

Whether bail should be granted to the petitioners (Dharmendra Nat and Ashok Nar @ Ashok Nat) in connection with Parsa Bazar P.S. Case No. 235 of 2024, instituted for the offence under Section 395 of the Indian Penal Code.

Court's answer

Considering the facts and circumstances of the case, the period of custody of the petitioners, the manner of the petitioners' implication and the submission of the charge sheet, the Court was inclined to grant bail to the petitioners.

Ratio / Principle

The petitioners were ordered to be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each, to the satisfaction of the Court below/concerned Court, in connection with Parsa Bazar P.S. Case No. 235 of 2024.

Key takeaways

Bail was made subject to conditions: (I) one of the bailors shall be an own/close member of the family of the petitioners; and (II) the petitioners shall appear on each and every date fixed at the trial, with liberty to the Trial Court to cancel the bail bonds in case of default in appearance on two consecutive dates.ratio¶24

Detailed headnote1 paragraphs

Bail granted — Patna High Court (Rudra Prakash Mishra, J.), Criminal Miscellaneous No. 7488 of 2025, decided 08-05-2025, arising out of Parsa Bazar P.S. Case No. 235 of 2024, District Patna, instituted for the offence under Section 395 of the Indian Penal Code. Petitioners Dharmendra Nat and Ashok Nar @ Ashok Nat (sons of Rajendra Nat @ Bairan Nat), in custody since 13-09-2024 and stated to bear six criminal antecedents each, were accused in an incident reported by the informant: on the night of 03.05.2024, 8-10 armed miscreants broke into her house, looted cash and jewellery and threatened her family. Petitioners' counsel submitted they were not named in the FIR, their names transpired from the confessional statement of co-accused Firoz Nut, nothing incriminating was recovered from them, no T.I. Parade was conducted, recovery was made from co-accused Biran Nut, and the charge sheet had been submitted; the learned A.P.P. opposed, contending the petitioners had confessed their guilt. Weighing the period of custody, manner of implication and submission of the charge sheet, the Court allowed bail on bonds of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each, conditioned on one bailor being an own/close family member and attendance on every trial date, with Trial Court liberty to cancel the bonds for default on two consecutive dates.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.7488 of 2025

Arising Out of PS. Case No.-235 Year-2024 Thana- PARSABAZAR District- Patna

======================================================

Dharmendra Nat Son of Rajendra Nat @ Bairan Nat Resident of VillageJanipur Bazar, P.S. - Janipur, District - Patna. At present resident of Mohalla - Chitkihara, P.S. - Sachivalaya, District - Patna

Ashok Nar @ Ashok Nat Son of Rajendra Nat @ Bairan Nat Resident of Village- Janipur Bazar, P.S. - Janipur, District - Patna. At present resident of Mohalla - Chitkohara, P.S. - Sachivalaya, District - Patna

... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Binay Kumar Singh, Advocate For the Opposite Party/s : Mr. Uma Shankar Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA

ORAL ORDER

4 08-05-2025 Heard learned counsel for the petitioners and learned APP

for the State. Perused the case diary.

2. The petitioners seek bail in connection with Parsa Bazar P.S. Case No. 235 of 2024 instituted for the offence under Section 395 of the Indian Penal Code.

3. Informant reported that on the night of 03.05.2024, 8–10 armed miscreants broke into her house, looted cash and jewellery, and threatened her family.

4. It has been submitted on behalf of the petitioners that the petitioners are in custody 13-09-2024. Petitioners bear six criminal antecedents each, as per disclosure made in

Patna High Court CR. MISC. No.7488 of 2025(4) dt.08-05-2025 2/3

paragraph No. 3 of the bail application.

5. It has been further submitted by the petitioners’ counsel that petitioners have been falsely implicated in the present case. Petitioners are not named in the FIR. Name of the petitioners have transpired on the basis of confessional statement of co-accused, namely, Firoz Nut. Nothing incriminating has been recovered from the possession of the petitioners. Petitioners were not put on T.I. Parade. It is contended that recovery is made from the possession of coaccused, namely, Biran Nut. Learned counsel for the petitioners submits that 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 petitioners. It is contended that petitioners have confessed their guilt. They do not deserve the privilege of bail.

7. Considering the aforesaid facts and circumstances of the case, period of custody of the petitioners, manner of petitioner’s implication and charge sheet being submitted, this Court is inclined to grant bail to the petitioners.

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

Patna High Court CR. MISC. No.7488 of 2025(4) dt.08-05-2025 3/3

with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Parsa Bazar P.S. Case No. 235 of 2024, subject to the following conditions:

(I) One of the bailors shall be own/close member of the family of the petitioners.

(II) The petitioners shall appear on each and every date fixed at the trial. In case of default in such appearance on two consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioners.

(Rudra Prakash Mishra, J)

Raj Kishore/- U T