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Patna High Court

Nikhil Yadav @ Nikhil KumarversusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

The court held that regular bail could not be granted to the petitioner.

Summary

The petitioner, Nikhil Yadav, was charged under Sections 126(2), 115(2), 118(2), 118(1), 109 of the Bihar Negotiable Act and Section 27 of the Arms Act for allegedly killing the deceased with a firearm. He has been in custody since 17‑08‑2024 and has two prior criminal antecedents. The petitioner sought regular bail for the second time after an earlier bail application was rejected on 03‑09‑2025. The court noted that the prosecution’s case includes direct allegations of the petitioner firing the gun and that only one of nine charge‑sheeted witnesses had been examined. Considering the seriousness of the offence, the evidence on record, and the petitioner’s antecedents, the court declined to grant bail. The application for regular bail was dismissed, with the court clarifying that its observations were limited to the bail application and did not prejudice the trial.

Issues considered

  • Whether the petitioner is entitled to regular bail in a murder case involving multiple serious offences under the Bihar Negotiable Act and the Arms Act.

Legislation cited

Subjects

  • regular bail
  • murder
  • arms act
  • criminal antecedents
  • charge‑sheet
  • bail denial

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.24856 of 2026
                    Arising Out of PS. Case No.-237 Year-2024 Thana- DULHIN BAZAR District- Patna
                 ======================================================
                 Nikhil Yadav @ Nikhil Kumar S/O Arvind Kumar Singh @ Arvind Singh @
                 Arbind Prasad Resident of Village-Durmri, P.S Dulhin Bazar, District- Patna

                                                                                 ... ... Petitioner/s
                                                      Versus
                 The State of Bihar Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Satish Chandra
                 For the Opposite Party/s :      Mr.Brajendra Nath Pandey
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

2   01-05-2026                    Heard learned counsel for the petitioner and learned

                   APP for the State.

                                   2. This is the second attempt of the petitioner for

                   grant of regular bail in connection with Dulhin Bazar P.S. Case

                   No. 237 of 2024. Earlier his bail application was rejected vide

                   order dated 3.9.2025 passed in Cr. Misc. No. 43523 of 2025

                   which reads as under:-

                                                  Heard the learned counsel for the
                                   petitioner and learned APP for the State.
                                                  2. The petitioner seeks regular bail in
                                   connection with Dulhin Bazar P.S. Case No. 237 of
                                   2024 registered for the offence under Sections
                                   126(2), 115(2), 118(2), 118(1) & 109 of the BNS
                                   and under Section 27 of the Arms Act.
                                                  3. As per the prosecution case, the
                                   petitioner is accused of killing the deceased. He is
          Patna High Court CR. MISC. No.24856 of 2026(2) dt.01-05-2026
                                                      2/2




                                    the main assailant of the deceased. In the FIR,
                                    there is specific and direct allegation against the
                                    petitioner that he gave gunshot injury to the
                                    deceased.
                                                    4. The petitioner is in custody since
                                    17.08.2024 and has two criminal antecedents.
                                                    5. Considering the aforesaid facts, this
                                    Court is not inclined to grant regular bail to the
                                    petitioner.
                                                    6. Accordingly, this application for
                                    regular bail stands rejected.
                                    3. Learned counsel for the petitioner submits that

                    in the trial, out of nine charge-sheeted witnesses, one witness

                    has already been examined.

                                    4. Considering the aforesaid facts, this Court is not

                    inclined to grant bail to the petitioner.

                                    5. Accordingly, this application is dismissed.

                                    6. It is, however, clarified that the observations

                    made herein are limited to the adjudication of the present bail

                    application and shall not prejudice the case of the petitioner at

                    any subsequent stage of the trial and this Court has not

                    expressed any opinion on the merits of the case.


                                                             (Sandeep Kumar, J)
Vikas/-
U


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