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Patna High CourtCR. MISC./43316/2026bail granted

Nikhil Kumar v. The State Of Bihar

2026-07-01Mr. Justice Rajesh Kumar Verma4 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.43316 of 2026 Arising Out of PS. Case No.-436 Year-2025 Thana- HISUWA District- Nawada ====================================================== Nikhil Kumar S/o Sudhir Singh @ Sudhir Kumar R/o Village- Rupaspur, P.SAlipur, Dist- Gaya Jee. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Paras Nath, Advocate For the Opposite Party/s :

Mr. Bishweshwar Ram, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 01-07-2026 Heard Mr. Paras Nath, learned counsel for the petitioner and Mr. Bishweshwar Ram, learned APP for the State.

2. Petitioner seeks bail, who is in custody since 26.08.2025, in connection with Hisua P.S. Case No. 436 of 2025, F.I.R. dated 26.07.2025 registered for the offences punishable under Sections 310(4), 310(5), 312, 109(1) of the B.N.S., 2023 and Section 27 of the Arms Act.

3. The prosecution case, in brief, is that on 25.07.2025 at about 09:00 P.M. he was at his home office then altogether six persons came on two motorcycle and demanded electric switch from him and when the informant got suspicious it is alleged that all entered inside the gate and started assaulting him and fired at him with intention to kill. The bullet touched his head and started bleeding.

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4. Learned counsel for the petitioner submits that the petitioner is innocent and he has been falsely implicated in the present case. He further submits that initially the F.I.R. was instituted against six unknown persons but during investigation the name of the petitioner has been transpired on the basis of confessional statement of co-accused person, namely, Abhishek Kumar @ Vishal Kumar and except the aforesaid, no cogent material has come during investigation to suggest the involvement of the petitioner in the present occurrence and till date no test identification parade was conducted by the prosecution and petitioner has been remanded in the present case in Hisua P.S. Case no. 461 of 2025 on 26.08.2025.

He further submits that co-accused person, namely, Ayush Ranjan @ Rajeev Ranjan has been granted bail by a Coordinate Bench of this Court vide order dated 01.12.2025 passed in Cr. Misc. No. 80238 of 2025, another co-accused person, namely, Ritik Raushan @ Baura has been granted bail by a Coordinate Bench of this Court vide order dated 13.01.2026 passed in Cr. Misc. No. 90194 of 2025 and the police after investigation submitted chargesheet against the petitioner and the petitioner is in custody since 26.08.2025.

5. The learned Additional Public Prosecutor for the

3/4 State has vehemently opposed the prayer for bail of the petitioner and submits that the petitioner carries two more cases other than the present one but fairly submits on the basis of paragraph-3 of the bail petition that out of two cases, petitioner is on bail in one case and rest one case is pending for consideration before the competent court of law.

6. Considering the facts and circumstances of the case, let the petitioner, above named, 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 learned Chief Judicial Magistrate, Nawada in connection with Hisua P.S. Case No. 436 of 2025, subject to the following conditions :-

(1) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below.

(2) If the petitioner tampers with the evidence or the witness, in that case, the prosecution will be at liberty to move for cancellation of bail.

(3) And, further condition that the court below shall

4/4 verify the criminal antecedent of the petitioner and in case at any stage, it is found that the petitioner has concealed his criminal antecedents, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

(Rajesh Kumar Verma, J) Ibrar//- U T