Patna High Court
NIKHIL KUMAR SINGH @ NIKHIL SARKAR @ NIKHIL KUMARversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- R P MISHRA
Holding
The appeal is dismissed and bail is denied to the appellant.
Summary
The appellant, Nikhil Kumar Singh, appealed against the trial court's order rejecting his bail application in a murder case arising from a shooting during marriage preparations, which resulted in the death of the informant's son. The prosecution alleged that the appellant was a conspirator, citing a confessional statement of a co-accused and a diary entry implicating him, and argued that the offence also fell under the SC/ST (Prevention of Atrocities) Act. The appellant contended that he was falsely implicated, was not named in the FIR, and had not publicly used the informant's caste name, thus no SC/ST offence was made out. The High Court considered the gravity of the offence, the appellant's alleged role as conspirator, and his three prior criminal antecedents, and concluded that bail could not be granted. Consequently, the appeal was dismissed, the trial was directed to be expedited, and the appellant was permitted to renew his bail plea after six months if the trial remained pending.
Issues considered
- Whether bail should be granted to the appellant under Sections 103 and 3(5) of the Bharatiya Nyaya Sanhita, 2023 in view of the alleged murder and conspiracy.
- Whether the appellant's conduct amounts to an offence under Section 3(2)(v) of the SC/ST (Prevention of Atrocities) Act.
- Whether the confessional statements of co‑accused and diary entries constitute sufficient ground to deny bail.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 103, 3(5)
- SC/ST (Prevention of Atrocities) Act — s. 3(2)(v)
Subjects
- bail
- murder
- conspiracy
- SC/ST Act
- Bharatiya Nyaya Sanhita
- criminal procedure
- false implication
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.3990 of 2025
Arising Out of PS. Case No.-132 Year-2025 Thana- TILAUTHU District- Rohtas
======================================================
NIKHIL KUMAR SINGH @ NIKHIL SARKAR @ NIKHIL KUMAR S/o-
Late Nagendra Prasad Singh R/v- Chaurakp Ps- Tilauthu Dist- Rohtas at
Sasaram
... ... Appellant/s
Versus
1. The State of Bihar
2. Awadhesh Ram S/o- Late Jaikaran Ram R/v- Chaurakp Ps- Tilauthu Dist-
Rohtas at Sasaram
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Tribhuwan Narayan, Advocate
For the Respondent/s : Mrs. Usha Kumari 1, SPP
For the Informant : Mr. Babu Nandan Prasad, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
3 22-01-2026 Heard learned counsel for the appellant, learned
Special Public Prosecutor for the State and learned counsel for
the informant.
2. The instant appeal has been filed by the appellant
against the order dated 23.08.2025 passed by Special Justice,
SC/ST Act, Rohtas at Sasaram whereby the prayer for bail of the
appellant in connection with Tilauthu P.S. Case No. 132 of 2025
under Sections 103, 3(5) of the Bharatiya Nyaya Sanhita, 2023
and Section 3(2)(v) of SC/ST Act was rejected.
3. The prosecution case, in short, is that during
marriage preparations at the informant’s house, unknown
Patna High Court CR. APP (SJ) No.3990 of 2025(3) dt.22-01-2026
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persons fired shots upon the informant’s son who died while
being taken to hospital.
4. Learned counsel for the appellant submits that the
appellant has falsely been implicated in the present case.
Petitioner is not named in the F.I.R. The name of the petitioner
transpired in this case during investigation. Learned counsel for
the appellant further submits that the appellant has not taken the
caste name of the informant in public view, hence, no offence
under the provisions of SC/ST Act is made out against him.
Learned counsel further submitted that, as a matter of fact, the
co-accused Abhimanyu Kumar and Rabita Devi had tendered
money to Vikash Kumar Sah and Ankit Kumar to commit the
murder of the deceased. The appellant has no intention to
disgrace the image of the informant in public view. The
appellant is in custody since 11.07.2025 and has three criminal
antecedents.
5. Learned Special P.P. for the State and the informant
have vehemently opposed the prayer for grant of bail to the
appellant, stating that co-accused Abhimanyu Kumar, in his
confessional statement has specifically stated the active
participation of the appellant in the commission of murder of the
deceased, and therefore, the appellant does not deserve to be
Patna High Court CR. APP (SJ) No.3990 of 2025(3) dt.22-01-2026
3/3
released on bail. Learned SPP further submitted that the
confessional statement of the appellant finds place in paragraph
no. 46 of the case diary, and upon perusal of the same it appears
that the role of the appellant in the occurrence is that of
conspirator and, therefore, he may not be released on bail.
6. Considering the aforesaid facts and circumstances
of the case as also the nature and gravity of offence, this Court
is not inclined to grant bail to the appellant.
7. Accordingly, the present appeal is dismissed.
8. Learned Trial Court is directed to expedite the trial.
9. However, liberty is granted to the appellant to
renew his prayer for bail before the learned court below itself if
the trial is not concluded within a period of six months from
today.
(Rudra Prakash Mishra, J)
Alok Verma/-
U T
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