Patna High Court
Nikhil KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRAVEEN KUMAR
Holding
The Court allowed the anticipatory bail application with specified conditions.
Summary
The petitioner, Nikhil Kumar, was implicated in an arms case (Sections 25(1‑B)(a) and 26 of the Arms Act) after a co‑accused, Mithun Kumar, made a confessional statement to police. The petitioner’s name was not originally mentioned in the FIR and he was not apprehended at the scene. He applied for anticipatory bail, arguing lack of criminal antecedents, his status as a student, and that the confession of the co‑accused alone should not suffice for his arrest. The State opposed the bail. The Court, after considering the circumstances, granted anticipatory bail subject to a bail bond of Rs.10,000, two sureties, and a condition that the petitioner surrender within six weeks, invoking the powers under Section 482(2) of the CrPC. The application was allowed.
Issues considered
- Whether anticipatory bail should be granted to the petitioner on the basis of a co‑accused’s confession and absence of his name in the FIR
- Whether the conditions imposed under Section 482(2) of the CrPC are appropriate for granting anticipatory bail
Legislation cited
- Arms Act — s. 25(1-B)(a), 26
- Criminal Procedure Code — s. 482(2)
Subjects
- anticipatory bail
- Arms Act
- confession of co‑accused
- bail conditions
- Criminal Procedure Code
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No. 34777 of 2026
Arising Out of PS. Case No.-115 Year-2025 Thana- TANDWA District- Aurangabad
======================================================
Nikhil Kumar S/O Dipak Kumar Singh Resident Of Village - Ram Nagar, P.s-
Tandwa, District - Aurangabad
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Rahul Kumar Singh, Advocate
For the Opposite Party/s : Mr. Jharkhandi Upadhyay, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR
ORAL ORDER
2 20-05-2026 Heard learned counsel for the petitioner and learned
Additional Public Prosecutor for the State.
2. The petitioner is apprehending his arrest in a case in
connection with Tandwa P.S. Case No. 115 of 2025 dated
30.08.2025 registered for the offences punishable under
Sections 25 (1-B) (a), 26 of Arms Act.
3. As per the allegation, one pistol and one live
cartridges were recovered from the possession of co-accused
Mithun Kumar.
4. Learned counsel for the petitioner submits that the
name of the petitioner has transpired on the basis of
confessional statement of apprehended co-accused Mithun
Patna High Court CR. MISC. No. 34777 of 2026(2) dt.20-05-2026
2/3
Kumar before police while in police custody. It has further been
submitted that petitioner has got enmity with the apprehended
co-accused Mithun Kumar. It has further been submitted that
Mithun Kumar was arrested but no name of the petitioner was
mentioned and as such he has not been named in the F.I.R. but
at later stage upon the confession of said apprehended Mithun
Kumar, the name of the petitioner has transpired. It has further
been submitted that petitioner was not apprehended at the spot.
It has further been submitted that petitioner is a student and if he
is sent to jail his whole life will be jeopardized. It has lastly
been submitted that petitioner has got no criminal antecedent.
5. Learned A.P.P. for the State has vehemently
opposed the prayer for anticipatory bail of the petitioner.
6. Heard the parties and perused the record.
7. Considering the facts and circumstances of the
case, let the above named petitioner, in the event of his
arrest/surrender within a period of six weeks from today, be
enlarged on anticipatory bail 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 court concerned,
Aurangabad in connection with Tandwa P.S. Case No. 115 of
2025, subject to conditions as laid down under section 482(2) of
Patna High Court CR. MISC. No. 34777 of 2026(2) dt.20-05-2026
3/3
the B.N.S.S.
8. The application stands allowed.
(Praveen Kumar, J)
shivam/-
U T
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.