Patna High Court

Nikhil KumarversusThe State of Bihar

Decided: 28 January 2026
Disposal: BAIL REJECTED
Bench: PRABHAT KUMAR SINGH

Holding

Pre‑arrest bail was denied.

Summary

The petitioner, Nikhil Kumar, sought pre‑arrest bail fearing arrest in a case registered under sections 126(2), 308(3), 308(5), 303(2), 3(5) of the BNS and section 27 of the Arms Act. The FIR alleges that the petitioner, together with a named accused and two unknown persons, snatched a motorcycle and fired at an informant. The petitioner has two prior criminal convictions. The Court examined the seriousness of the alleged offences, the petitioner’s criminal antecedents, and the overall gravity of the case. Considering these factors, the Court rejected the petition for pre‑arrest bail. Consequently, the bail application was dismissed.

Issues considered

Whether the petitioner is entitled to pre‑arrest bail despite the serious nature of the offences and his prior criminal record?

Legislation cited

Arms Act — s. 27
BNS — s. 126(2), 303(2), 308(3), 308(5), 3(5)

Subjects

pre‑arrest bail
criminal antecedents
serious offences
Arms Act
bail denial

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.1632 of 2026
                       Arising Out of PS. Case No.-1098 Year-2024 Thana- MAHUA District- Vaishali
                 ======================================================
                 Nikhil Kumar Son of Late Mukesh Singh Resident of Village- Saidpur, P.S.-

                 Mahua, District- Vaishali



                                                                                   ... ... Petitioner/s

                                                        Versus

                 The State of Bihar



                                                                              ... ... Opposite Party/s

                 ======================================================
                 Appearance :

                 For the Petitioner/s      :       Mr. Tej Narayan Singh, Advocate

                 For the Opposite Party/s :        Mr. Pramod Kumar Pandey, APP

                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

2   28-01-2026                          Heard learned counsel for the petitioners and the

                   State .

                                 2. Petitioners apprehends arrest in a case registered

                   for the offence punishable under sections 126 (2), 308 (3) , 308

                   (5), 303 (2) and 3 (5) of BNS and 27 of Arms Act.

                                 3. As per F.I.R. this petitioner along with one named

                   accused persons and 2 unknown persons, on the point of pistol

                   snatched motorcycle and fired upon informant. Petitioner has

                   got 2 criminal antecedents.
            Patna High Court CR. MISC. No.1632 of 2026(2) dt.28-01-2026
                                                        2/2




                                   4. Considering the nature of accusation , criminal

                      antecedents of this petitioner, gravity of offence and other

                      circumstances of the case , prayer for pre-arrest bail of the

                      petitioners is rejected.



                                            (Prabhat Kumar Singh, J)
Koushik/-

U      T

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