Nikhil Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.38729 of 2025 Arising Out of PS. Case No.-227 Year-2025 Thana- BASANTPUR District- Siwan ====================================================== Nikhil kumar S/o Sanjay Rai R/o vill - Bangara, P.S.- Basantpur O.P., Lakri Naviganj, Distt.- Siwan ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Harsh Anuj, Advocate For the Opposite Party/s :
Ms. Asha Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY ORAL ORDER 06-08-2025 Heard learned counsel for the petitioner, informant and learned APP for the State.
2. The petitioner seeks bail in connection with Basantpur O.P. Lakri Naviganj P.S. Case No. 227 of 2025, instituted for the offences under Sections 126(2)/115(2)/119/76/352/351(2)/3(5) of the BNS.
3. As per the prosecution case, the informant has alleged that the petitioner had entered the house and tried to molest her daughter and when halla was raised, the named accused persons and three other unknown persons with an intention to kill the elder brother of the husband of the informant attacked with a knife causing cut injury.
4. The learned counsel for the petitioner submits that the petitioner has falsely been implicated and no such
Patna High Court CR. MISC. No.38729 of 2025(3) dt.06-08-2025 2/3 occurrence had taken place and only to settle the personal score, the present case has been lodged.
5. It is further submitted that due to minor scuffle a free fight had occurred between both the sides and there was no such incident of molestation or otherwise. A compromise petition on behalf of the informant Bhagirathi Devi has been filed before the learned court below.
6. It has also been submitted that the petitioner has clean antecedent and is in custody since 19.04.2025.
7. Considering the aforesaid submissions of the learned counsel for the petitioner, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Siwan in connection with Basantpur O.P. Lakri Naviganj P.S. Case No. 227 of 2025, subject to the following conditions:- (i) One of the bailors will be a close relative of the petitioner;
(ii) the petitioner will remain present on each and every date fixed by the Court below, if so required by the learned Trial Court;
Patna High Court CR. MISC. No.38729 of 2025(3) dt.06-08-2025 3/3 (iii) in case of absence on two consecutive dates or in violation of the terms of the bail, the bail bonds of the petitioner will liable to be cancelled by the Court concerned; and (iv) the Court below shall verify the criminal antecedent of the petitioner and in case at any stage, it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bonds of the petitioner. However, the acceptance of bail bonds in terms of the above mentioned order shall not be delayed for purpose of the same on in the name of verification.
8. It is made clear that the observations, if any, made in this order, shall be of no bearing during the trial. (Sourendra Pandey, J) krishna/- U T