Nikhil Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 34777 of 2026 Arising Out of PS. Case No.-115 Year-2025 Thana- TANDWA District- Aurangabad ====================================================== Nikhil Kumar S/O Dipak Kumar Singh Resident Of Village - Ram Nagar, P.sTandwa, District - Aurangabad ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rahul Kumar Singh, Advocate For the Opposite Party/s :

Mr. Jharkhandi Upadhyay, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR ORAL ORDER 20-05-2026 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. The petitioner is apprehending his arrest in a case in connection with Tandwa P.S. Case No. 115 of 2025 dated 30.08.2025 registered for the offences punishable under Sections 25 (1-B) (a), 26 of Arms Act.

3. As per the allegation, one pistol and one live cartridges were recovered from the possession of co-accused Mithun Kumar.

4. Learned counsel for the petitioner submits that the name of the petitioner has transpired on the basis of confessional statement of apprehended co-accused Mithun

Patna High Court CR. MISC. No. 34777 of 2026(2) dt.20-05-2026 2/3 Kumar before police while in police custody. It has further been submitted that petitioner has got enmity with the apprehended co-accused Mithun Kumar. It has further been submitted that Mithun Kumar was arrested but no name of the petitioner was mentioned and as such he has not been named in the F.I.R. but at later stage upon the confession of said apprehended Mithun Kumar, the name of the petitioner has transpired. It has further been submitted that petitioner was not apprehended at the spot. It has further been submitted that petitioner is a student and if he is sent to jail his whole life will be jeopardized. It has lastly been submitted that petitioner has got no criminal antecedent.

5. Learned A.P.P. for the State has vehemently opposed the prayer for anticipatory bail of the petitioner.

6. Heard the parties and perused the record.

7. Considering the facts and circumstances of the case, let the above named petitioner, in the event of his arrest/surrender within a period of six weeks from today, be enlarged on anticipatory bail on furnishing bail-bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned court concerned, Aurangabad in connection with Tandwa P.S. Case No. 115 of 2025, subject to conditions as laid down under section 482(2) of

Patna High Court CR. MISC. No. 34777 of 2026(2) dt.20-05-2026 3/3 the B.N.S.S.

8. The application stands allowed.

(Praveen Kumar, J) shivam/- U T