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Patna High Court

Nikhil Kumar @ Nikhil SinghversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
Patna High Court CR. MISC. No.10263 of 2026(2) dt.25-02-2026
                                            2/3




          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
               Patna High Court CR. MISC. No.10263 of 2026(2) dt.25-02-2026
                                                           3/3




                         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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