Nikhil Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36071 of 2026 Arising Out of PS. Case No.-62 Year-2026 Thana- CHAPRA RAIL P.S. District- Saran ====================================================== Nikhil Kumar Son of Mukund Prasad Resident of Village9 Daulat Ganj, P.S.- Bhagwan Bazar, District- Saran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Dharmnath Prasad Yadav, Advocate Mr. Vikash Kumar, Advocate For the State :

Mr. Ram Naresh Ray, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER 08-06-2026 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in a case registered for the offence punishable under Sections 303(2), 304, 313, 317(4), 317(5), 3(5) of the B.N.S., 2023.

3. As per the prosecution case, on 26.03.2026, police apprehended three persons at Chapra Railway Station who confessed to habitually snatching mobile phones from train passengers and sell it to the petitioner.

4. Learned counsel for the petitioner submits that it would be evident from the first information report itself that three persons were arrested on the basis of suspicion by the police who had admitted that they were engaged in snatching of mobile phones and had also stated that they used to sell the same in the shop of the petitioner. However, the petitioner was

Patna High Court CR. MISC. No.36071 of 2026(2) dt.08-06-2026 2/3 not made a named accused in the F.I.R. and the same was lodged only against the three arrested persons. It is further submitted that during investigation, it has been shown that some mobile phones were recovered from the shop of the petitioner but as a matter of fact, the petitioner was running a mobile repairing shop and as many as seven persons had stated that they had given their mobiles for repairing and the learned counsel points out that Annexure-P/4 is the document suggesting that two of the phones which were recovered were in the name of his own family members. The petitioner is having no criminal antecedent and is in custody since 27.03.2026 and the investigation is almost on a close.

5. Learned APP for the State opposed the bail petition.

6. Taking into consideration the facts and circumstances of the case and also considering the fact that the petitioner was not named in the first information report and he also has no criminal antecedent, let the above named petitioner, be released on 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 Railway Judicial Magistrate, Sonpur at Chapra/concerned Court below in

Patna High Court CR. MISC. No.36071 of 2026(2) dt.08-06-2026 3/3 connection with Chapra Rail P.S. Case No. 62 of 2026 subject to conditions that:- (i) One of the bailors will be his own blood relative, preferably, father, mother, brother, sister and/or his wife.

(ii) The petitioner shall cooperate in the investigation/trial and in case of non-cooperation, the prosecution would be at liberty to move an application for cancelling the bail bonds of the petitioner.

(Soni Shrivastava, J) priyanka/Nitu/- U T