Patna High Court
Nikku KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The court held that regular bail is warranted where the injury is simple and there is no substantial reason to deny bail, and thus allowed the bail application.
Summary
The petitioner, Nikku Kumar, was arrested in connection with a case registered under several sections of the Bihar Penal Code for allegedly assaulting an informant's father with a lathi-danda and pistol butt, causing a simple head injury. He had been in custody since 21 February 2026 and claimed innocence, asserting that the injury was minor and that a co-accused had already been granted anticipatory bail. The State opposed the bail application, but the court considered the nature of the injury and the circumstances of the case. Relying on the principle that bail may be granted when the offence is non‑grievous and the accused is not a flight risk, the court allowed the bail application. The petitioner was ordered to be released on bail upon furnishing a bond of Rs. 10,000 with two sureties of the same amount.
Issues considered
- Whether regular bail should be granted to the petitioner in view of the nature of the alleged offences and the simple injury sustained by the victim
- Whether the existence of anticipatory bail for a co‑accused influences the grant of regular bail to the petitioner
Legislation cited
- Bihar Penal Code — s. 109(1), 115(2), 126(2), 3(5), 351(2), 352, 74
Subjects
- regular bail
- assault
- simple injury
- criminal procedure
- Bihar Penal Code
- high court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.43826 of 2026
Arising Out of PS. Case No.-25 Year-2026 Thana- MANJHAUL District- Begusarai
======================================================
Nikku Kumar S/O Yogendra Tanti R/O Village- Kamla, P.S.- Manjhaul,
Distt.- Begusarai.
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Randhir Kumar No 1
For the Opposite Party/s : Mr.Md. Matloob Rab
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 07-07-2026 Heard learned counsel for the parties.
2. The petitioner has preferred this application for
grant of regular bail in connection with Manjhaul P. S. Case No.
25 of 2026 registered for the offences punishable under Sections
126(2), 115(2), 351(2), 352, 109(1), 74, 3(5) of BNS.
3. As per FIR, accusation against the petitioner is that
he along with other other co-accused persons assaulted the
informant's father by means of lathi-danda and butt of pistol
with intention to kill him and due to the same, theinformant's
father received head injury.
4. The petitioner is in custody since 21.02.2026.
5. Learned counsel for the petitioner submits that the
petitioner is quite innocent and has falsely been implicated in
this case. He also submits that injury sustained by the
Patna High Court CR. MISC. No.43826 of 2026(2) dt.07-07-2026
2/2
informant's father is found to be simple in nature. He next
submits that the co-accused Rahul Kumar has already been
granted anticipatory bail by a co-ordinate Bench of this Court
vide order dated 7.5.2026 passed in Cr. Misc. No. 31435 of
2026.
6. Learned Additional Public Prosecutor appearing on
behalf of the State has vehemently opposed the prayer for bail
of the petitioner.
6. Keeping in view the facts of the case and also
considering the fact that injury sustained by the victim is simple
in nature, this application is allowed.
7. Let the petitioner, above named, be released on
bail on furnishing bail bonds 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 Manjhaul
P. S. Case No. 25 of 2026.
(Sandeep Kumar, J)
Vikas/-
U
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.