Patna High Court
Nikhil Ray @ Nikhil Rai @ Nikhil Kumar RaiversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- JITENDRA KUMAR
Holding
The court granted bail to the petitioner subject to conditions under Section 482(2) of the B.N.S.S., 2023.
Summary
The petitioner, Nikhil Ray, sought bail in a case registered under Sections 25(1‑B)a, 26 and 35 of the Arms Act after police recovered a pistol and live cartridges during a patrol. The police alleged that the petitioner was with a co‑accused who, in his confessional statement, implicated the petitioner. The petitioner argued that he is innocent, has no criminal antecedent, and that the co‑accused’s confessional statement has no evidentiary value. The State opposed bail. The High Court, after considering the facts, allowed the bail petition, directing the petitioner to surrender within eight weeks and furnish bail bonds of Rs. 10,000 with two sureties, subject to conditions under Section 482(2) of the B.N.S.S., 2023.
Issues considered
- Whether bail should be granted to the petitioner in an Arms Act case.
- Whether the confessional statement of the co‑accused is admissible against the petitioner.
- Whether the petitioner’s lack of criminal antecedent warrants bail.
- Whether the petitioner’s failure to seek anticipatory bail earlier affects the bail application.
Legislation cited
Subjects
- bail
- Arms Act
- confessional statement
- criminal antecedent
- anticipatory bail
- Section 482
- Patna High Court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.16398 of 2026
Arising Out of PS. Case No.-387 Year-2025 Thana- KUCHAIKOTE District- Gopalganj
======================================================
Nikhil Ray @ Nikhil Rai @ Nikhil Kumar Rai S/o Late Ram Awadh Rai @
Baliram Rai, Resident of Village- Jait Narahva, P.S.- Gopalpur, District-
Gopalganj, Bihar
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Masoom Rana, Advocate
Mr. Aman Kumar, Advocate
For the State : Mr. Rajendra Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR
ORAL ORDER
2 25-03-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail, apprehending his arrest,
in connection with Kuchaikote P.S. Case No. 387 of 2025, dated
30.08.2025, registered for the offences punishable under
Sections 25(1-B)a, 26 and 35 of the Arms Act.
3. As per allegation, the police team was on patrolling
and found three persons coming on motorcycle with bag, but on
seeing the police, they fled away leaving behind the motorcycle
and the bag and the police found one country made pistol and
five live cartridges from the bag. In the confessional statement
of co-accused/Vikash Kumar Rai, the petitioner was with him.
4. Learned counsel for the petitioner submits that the
Patna High Court CR. MISC. No.16398 of 2026(2) dt.25-03-2026
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petitioner is innocent and has falsely been implicated in this
case. He further submits that the confessional statement made
by the co-accused before the police against the petitioner has no
legal evidentiary value. Moreover, nothing incriminating
material has been recovered from possession of the petitioner.
5. It is also stated in paragraph no. 2 of the bail
petition that the petitioner has not moved this Court earlier
either for anticipatory bail or regular one in the instant case.
6. It has further been stated in paragraph no.3 of the
bail petition that the petitioner has no criminal antecedent.
7. However, learned APP for the State vehemently
opposes the prayer of the petitioner for bail.
8. Considering the aforesaid facts and circumstances,
this petition is allowed, directing the petitioner, above-named,
to be enlarged on bail, in the event of his arrest or surrender
before the court below within a period of eight weeks from the
date of receipt / production of a copy of this order, on his
furnishing bail bonds in the sum of Rs. 10,000/- (Ten Thousand)
with two sureties of the like amount each to the satisfaction of
learned concerned Court Below, in connection with Kuchaikote
P.S. Case No. 387 of 2025, subject to the conditions as laid
down under Section 482 (2) of the B.N.S.S., 2023 and on the
Patna High Court CR. MISC. No.16398 of 2026(2) dt.25-03-2026
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following conditions:
(i) In case, it is brought to the notice of the court
below that the petitioner has any criminal antecedent, learned
court below shall cancel the bail bonds of the petitioner after
hearing him and getting satisfied that the petitioner has
concealed his criminal antecedents despite his knowledge of the
same.
(ii) In case, it is brought to the notice of the court
below that statement regarding previous bail petition is wrong,
learned court below shall cancel the bail bonds of the petitioner.
(Jitendra Kumar, J.)
ravishankar/-
U T
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