Patna High Court
Nikki Paswan @ Nikesh KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The court held that the absence of substantive evidence beyond suspicion warranted granting bail with conditions.
Summary
Petitioner Nikki Paswan was arrested on 5 January 2026 in connection with the murder of an informant's father, alleged under Section 103(1) of the Bihar Narcotic Substances Act, 2023. The prosecution argued that the petitioner was the last person seen with the deceased and that several witnesses supported the case, while the petitioner claimed he was falsely implicated and had no prior criminal record. The court examined the material on record, noting that the FIR was filed after the body was recovered and that no substantive evidence linked the petitioner to the crime beyond suspicion. Considering the lack of concrete proof, the court decided to grant bail, imposing a bond of Rs. 10,000 with two sureties and several conditions regarding cooperation, non‑tampering with evidence, and verification of antecedents. The bail order was made subject to cancellation if the petitioner fails to appear or conceals his criminal history.
Issues considered
- Whether bail should be granted to the petitioner despite the prosecution's opposition and the alleged circumstantial evidence.
- Whether the mere suspicion and the fact that the petitioner was last seen with the deceased constitute sufficient ground to deny bail.
Legislation cited
- Bihar Narcotic Substances Act, 2023 — s. 103(1)
Subjects
- bail
- suspicion
- murder
- Section 103(1) BNS 2023
- high court
- conditions of bail
- criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.11708 of 2026
Arising Out of PS. Case No.-184 Year-2025 Thana- SANGRAMPUR District- Munger
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Nikki Paswan @ Nikesh Kumar S/o Hagan @ Amika Paswan @ Ambika
Paswan Resident of Village- Khutahari @ Khuthri, P.O.- Rajpur, P.S.- Belhar,
District- Banka ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s
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Appearance :
For the Petitioner/s : Mr. Shashi Saurabh, Advocate
For the Opposite Party/s : Mr. Rabindra Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
3 29-04-2026 Heard Mr. Shashi Saurabh, learned counsel for the
petitioner and Mr. Rabindra Kumar, learned Additional Public
Prosecutor for the State.
2. Petitioner seeks bail who is in custody since
05.01.2026 in connection with Sangrampur P.S. Case No. 184 of
2025, F.I.R. dated 02.12.2025 for the offences punishable under
Sections 103(1) of the BNS, 2023.
3. According to prosecution case, this petitioner has
called the informant's father and they both went away. On the
next morning, the dead body of the informant's father was
found. The informant suspects that this petitioner has killed his
father.
4. Learned counsel for the petitioner submits that
petitioner has clean antecedent and he has falsely been
implicated in the present case. It appears from the FIR that
Patna High Court CR. MISC. No.11708 of 2026(3) dt.29-04-2026
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petitioner has been made accused merely on the basis of
suspicion because the father of the informant was last seen with
the petitioner on 29.11.2025. Thereafter, the dead body of the
deceased was recovered on 30.11.2025 but the present FIR has
been instituted on 02.12.2025 afterthought only to falsely
implicate the petitioner. Except the suspicion, nothing has come
during investigation which suggest the involvement of the
petitioner in the present occurrence. He further submits that the
police after investigation submitted the charge sheet against the
petitioner. The petitioner is in custody since 05.01.2026.
5. The learned Additional Public Prosecutor on the
basis of material available on record as well as case diary has
vehemently opposed the prayer for bail of the petitioner and
submits that the petitioner was last seen with the deceased and
apart from that number of witnesses have supported the case of
the prosecution but fairly submits that nothing has come during
investigation which suggest the involvement of the petitioner in
the present occurrence.
6. Considering the aforesaid facts and circumstances,
let the petitioner, above named, be released on bail on furnishing
bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of
the like amount each to the satisfaction of the learned ACJM-IV,
Patna High Court CR. MISC. No.11708 of 2026(3) dt.29-04-2026
3/3
Munger in connection with Sangrampur P.S. Case No. 184 of
2025, subject to the following conditions:-
i. 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.
ii. If the petitioner tampers with the evidence or the
witnesses, in that case, the prosecution will be at liberty to
move for cancellation of bail.
iii. And further condition that 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 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)
Vanisha/-
U T
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