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Patna High CourtCR. MISC./22117/2025bail granted

Nikki Kumar @ Nikki Singh v. The State Of Bihar

2025-09-01Mr. Justice R. P. Mishra3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.22117 of 2025 Arising Out of PS. Case No.-648 Year-2023 Thana- KAHALGAON District- Bhagalpur ====================================================== Nikki Kumar @ Nikki Singh S/o Bablu Singh R/o Village- Pakki Sarai, P.S.- Ghogha, District- Bhagalpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Dr. Manoj Kumar, Adv.

For the Opposite Party/s :

Mr. Manoj Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 01-09-2025 Heard learned counsel for the petitioner and learned APP for the State. Perused the case diary.

2. The petitioner seeks bail in connection with Kahalgaon (Ghogha) P.S. Case No. 648 of 2023 instituted for the offences under Sections 326, 307, 302, 34 of the Indian Penal Code and Section 27 of the Arms Act.

3. As per prosecution case, the accusation against the accused persons including the petitioner is of committing murder of the Informant's brother namely Pintu Kumar by stabbing by sharp edged knife into his chest.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence as alleged against him and has falsely been implicated in the present case

Patna High Court CR. MISC. No.22117 of 2025(6) dt.01-09-2025 2/3 due to village politics. There is no specific or direct allegation of any overt act against the petitioner rather the same is general and omnibus in nature. The specific allegation of stabbing the deceased is on co-accused Ravi Kumar Singh. He further submits that at the time of occurrence, the petitioner was not present at the place of occurrence. The petitioner has no concern with the alleged occurrence. The petitioner has two criminal antecedents and is languishing in judicial custody since 13.01.2024 without any rhymes or reason.

5. Learned counsel for the petitioner again submits that the co-accused namely Pankaj Mandal has been granted bail by a Co-ordinate Bench of this Court vide order dated 05.05.2025 passed in Cr. Misc. No. 26799 of 2025.

6. On the other hand, learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner, stating that the offence alleged is serious in nature.

7. Having heard rival contention of both the parties and considering the entire facts and circumstances of the case, the period of custody of the petitioner as also there being no specific allegation of assault against the petitioner, let the petitioner, abovenamed, be released on bail on furnishing bail bonds of Rs.15,000/- (Rupees Fifteen Thousand) with two

Patna High Court CR. MISC. No.22117 of 2025(6) dt.01-09-2025 3/3 sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Kahalgaon (Ghogha) P.S. Case No. 648 of 2023.

(Rudra Prakash Mishra, J) rishi/- U T