Patna High Court
Nikhil Kumar @ Nikhil SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- AJIT KUMAR
Holding
The petitioner is entitled to bail as there is no specific allegation against him and similarly situated co‑accused have been granted bail.
Summary
The petitioner, Nikhil Kumar, sought bail fearing arrest in a case (Tandwa P.S. Case No.86 of 2025) involving alleged assault at a temple, with charges under Sections 191(2), 126(2), 115(2), 109(1) and 75 of the Bharatiya Nyaya Sanhita. The FIR described a group assaulting the informant's son and the informant and his wife, but the petitioner's counsel argued that no specific overt act was alleged against him, he has no criminal antecedents, and co‑accused have already been granted bail. The State opposed bail. The Court, noting the lack of specific allegation and the precedent of bail to co‑accused, granted bail subject to a Rs.10,000 bond, two sureties, and conditions under Section 482(2) of the BNSS, including appearance before the trial court and non‑tampering with witnesses.
Issues considered
- Whether the petitioner is entitled to bail under Section 482(2) of the Bharatiya Nyaya Sanhita given the facts of the case.
- Whether the material on record justifies denial of bail.
Legislation cited
- Bharatiya Nyaya Sanhita — s. 109(1), 115(2), 126(2), 191(2), 482(2), 75
Subjects
- bail
- criminal procedure
- Bharatiya Nyaya Sanhita
- Section 482
- assault
- presumption of innocence
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.10263 of 2026
Arising Out of PS. Case No.-86 Year-2025 Thana- TANDWA District- Aurangabad
======================================================
Nikhil Kumar @ Nikhil Singh S/o- Birendra Singh R/v- Duari Ps- Tandwa
Dist- Aurangabad
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mrs. Mukul Kumari
For the Opposite Party/s : Mr. Chandra Bhushan Prasad
======================================================
CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
ORAL ORDER
2 25-02-2026 Heard learned counsel for the petitioner and
learned APP for the State.
2. The petitioner apprehends his arrest in
connection with Tandwa P.S. Case No.86 of 2025 registered for
the offence punishable under Sections 191(2), 126(2), 115(2),
109(1), 75 of the Bharatiya Nyaya Sanhita.
3. As per the FIR, while the son of the informant
was sitting at the temple, in the meantime, one car came there
and ten persons getup from the vehicle and started assaulting.
While the informant and his wife came to rescue of their son,
they were also assaulted by the accused persons.
4. Learned counsel for the petitioner submits that
the petitioner is innocent and has been falsely implicated in the
present case. She further submits that, in the instant case, there
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are six named accused and five unknown persons. There is no
specific allegation of any overt act against the petitioner. For
similar allegations, the co-accused, namely, Sujit Singh, Bhanu
Kumar, and Niranjan Kumar, have already been granted bail
vide order dated 10.12.2025 passed in Cr. Misc. No. 81796 of
2025, while another co-accused, namely, Nidhi Kumar, has been
taken into judicial custody. Lastly, it is submitted that the
petitioner has no criminal antecedents.
5. On the other hand, the learned APP for the State
has opposed the prayer for bail of the petitioner.
6. Taking into account that similarly situated
persons have been granted bail, let the above named petitioner,
be released on bail, in the event of his arrest or surrender before
the learned Court below within a period of six weeks from
today, 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 Judicial Magistrate, 1st Class,
Aurangabad/Successor Court in connection with Tandwa P.S.
Case No.86 of 2025 subject to the conditions as laid down under
Section 482(2) of the BNSS as well as the following conditions:
(i) One of the bailors should be the family
member/relative/known of the petitioner(s) who shall provide
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official document/ personal affidavit to show his/her bona fide;
(ii) the petitioner(s) shall appear on each and every
date before the Trial Court and failure to do so for two
consecutive dates without plausible reason will entail
cancellation of his/her/their bail bond by the Trial Court itself;
(iii) the petitioner(s) shall in no way try to induce or
promise or threat the witnesses or tamper with the evidences,
failing which the State shall be at liberty to take steps for
cancellation of the bail bonds;
(iv) the petitioner(s) shall desist from committing any
criminal offence again, failing which the State shall be at liberty
to take steps for cancellation of their bail bonds.
(Ajit Kumar, J)
shikha/-
U T
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