Nikhil KumarversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.43316 of 2026
                       Arising Out of PS. Case No.-436 Year-2025 Thana- HISUWA District- Nawada
                 ======================================================
                 Nikhil Kumar S/o Sudhir Singh @ Sudhir Kumar R/o Village- Rupaspur, P.S-
                 Alipur, Dist- Gaya Jee.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Paras Nath, Advocate
                 For the Opposite Party/s :       Mr. Bishweshwar Ram, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

2   01-07-2026                      Heard Mr. Paras Nath, learned counsel for the

                   petitioner and Mr. Bishweshwar Ram, learned APP for the State.

                                2. Petitioner seeks bail, who is in custody since

                   26.08.2025, in connection with Hisua P.S. Case No. 436 of

                   2025, F.I.R. dated 26.07.2025                registered for the offences

                   punishable under Sections 310(4), 310(5), 312, 109(1) of the

                   B.N.S., 2023 and Section 27 of the Arms Act.

                                3. The prosecution case, in brief, is that on 25.07.2025

                   at about 09:00 P.M. he was at his home office then altogether six

                   persons came on two motorcycle and demanded electric switch

                   from him and when the informant got suspicious it is alleged

                   that all entered inside the gate and started assaulting him and

                   fired at him with intention to kill. The bullet touched his head

                   and started bleeding.
Patna High Court CR. MISC. No.43316 of 2026(2) dt.01-07-2026
                                            2/4




                       4. Learned counsel for the petitioner submits that the

          petitioner is innocent and he has been falsely implicated in the

          present case. He further submits that initially the F.I.R. was

          instituted against six unknown persons but during investigation

          the name of the petitioner has been transpired on the basis of

          confessional statement of co-accused person, namely, Abhishek

          Kumar @ Vishal Kumar and except the aforesaid, no cogent

          material has come during investigation to suggest the

          involvement of the petitioner in the present occurrence and till

          date no test identification parade was conducted by the

          prosecution and petitioner has been remanded in the present

          case in Hisua P.S. Case no. 461 of 2025 on 26.08.2025. He

          further submits that co-accused person, namely, Ayush Ranjan

          @ Rajeev Ranjan has been granted bail by a Coordinate Bench

          of this Court vide order dated 01.12.2025 passed in Cr. Misc.

          No. 80238 of 2025, another co-accused person, namely, Ritik

          Raushan @ Baura has been granted bail by a Coordinate Bench

          of this Court vide order dated 13.01.2026 passed in Cr. Misc.

          No. 90194 of 2025 and the police after investigation submitted

          chargesheet against the petitioner and the petitioner is in custody

          since 26.08.2025.

                       5. The learned Additional Public Prosecutor for the
Patna High Court CR. MISC. No.43316 of 2026(2) dt.01-07-2026
                                            3/4




          State has vehemently opposed the prayer for              bail of the

          petitioner and submits that the petitioner carries two more cases

          other than the present one but fairly submits on the basis of

          paragraph-3 of the bail petition that out of two cases, petitioner

          is on bail in one case and rest one case is pending for

          consideration before the competent court of law.

                       6. Considering the facts and circumstances of the

          case, let the petitioner, above named, be released on bail on

          furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand)

          with two sureties of the like amount each to the satisfaction of

          learned Chief Judicial Magistrate, Nawada in connection with

          Hisua P.S. Case No. 436 of 2025, subject to the following

          conditions :-

                       (1) Petitioner shall co-operate in the trial and shall be

          properly represented on each and every date fixed by the Court

          and shall remain physically present as directed by the Court and

          on his absence on two consecutive dates without sufficient

          reason, his bail bond shall be cancelled by the Court below.

                       (2) If the petitioner tampers with the evidence or the

          witness, in that case, the prosecution will be at liberty to move

          for cancellation of bail.

                       (3) And, further condition that the court below shall
               Patna High Court CR. MISC. No.43316 of 2026(2) dt.01-07-2026
                                                           4/4




                         verify the criminal antecedent of the petitioner and in case at

                         any stage, it is found that the petitioner has concealed his

                         criminal antecedents, the court below shall take step for

                         cancellation of bail bond of the petitioner.             However, the

                         acceptance of bail bonds in terms of the above-mentioned order

                         shall not be delayed for purpose of or in the name of

                         verification.



                                                                       (Rajesh Kumar Verma, J)
Ibrar//-

U          T