Patna High Court
Nikhil Kumar @ Nikhil RajversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SATYAVRAT VERMA
Holding
Bail was granted to the petitioner subject to a bond, sureties and the condition that the trial court may cancel the bail if he attempts to delay the proceedings.
Summary
The petitioner, Nikhil Kumar, was arrested in connection with a case involving alleged sexual assault and other offences against a minor, charged under several sections of the Bihar Narcotic Substances Act, 2023 and the POCSO Act. He contended that he has a clean record and was falsely implicated, asserting that the primary accused, Niraj Kumar, was the actual perpetrator. The petitioner highlighted that Niraj Kumar had already been granted regular bail, suggesting a stronger position for his own bail application. The State opposed the bail, citing the seriousness of the offences. The Court, after considering the arguments, ordered the release of the petitioner on bail upon furnishing a bond of Rs.10,000 with two sureties of the same amount, subject to the condition that the trial court may cancel the bail if the petitioner attempts to delay the framing of charges or the trial. The order emphasizes cooperation with the trial while safeguarding the judicial process.
Issues considered
- Whether bail should be granted to an accused in a case involving serious offences under the B.N.S., 2023 and the POCSO Act.
- Whether the petitioner’s claim of false implication and the prior bail granted to a co-accused justify his release on bail.
Legislation cited
Subjects
- bail
- POCSO
- sexual assault
- false implication
- criminal procedure
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.56214 of 2025
Arising Out of PS. Case No.-253 Year-2024 Thana- CHARPOKHARI District- Bhojpur
======================================================
Nikhil Kumar @ Nikhil Raj S/o- Jai Kumar Pandey @ Ajay Kumar Pandey
Resident of Diual P.S- Jagdishpur, Dist- Bhojpur
... ... Petitioner/s
Versus
1. The State of Bihar
2. Butan Sah S/o- Badhae Sah Village- Barani Ps- Jagdishpur Dist- Bhojpur
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ravindra Kumar, Advocate
For the Opposite Party/s : Mr. Ram Naresh Ray, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
3 06-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in a case registered for the
offences punishable under Sections 126(2), 115, 109, 352,
351(2) and 3(5) of B.N.S., 2023 as well as Sections 4/6 of the
POCSO Act.
3. Learned counsel for the petitioner submits that
petitioner is a person with clean antecedent and the informant
alleges that his minor son disclosed that he had gone to attend
the call of nature when Niraj Kumar came and snatched keys of
his bike and dragged him towards the PACS godown and
thereafter called his friends Kanhaiya Kumar Pathak, Kundan
Kumar and petitioner and thereafter made him naked and
Patna High Court CR. MISC. No.56214 of 2025(3) dt.06-02-2026
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assaulted. Further, Niraj Kumar indulged in unnatural sex with
the victim and also inserted bamboo in his private part and the
other accused videographed the occurrence.
4. Learned counsel for the petitioner submits that
petitioner has been falsely implicated in the instant case by the
informant. It is next submitted that even presuming what has
been alleged is true without admitting then thrust of the
allegation is against Niraj Kumar. It is next submitted that
petitioner is in custody since 19.03.2025 and chargesheet has
been submitted. It is also submitted that Niraj Kumar had
approached this Court seeking regular bail by filing Criminal
Miscellaneous No.69923 of 2025 and the same came to be
allowed by an order dated 09.01.2026, passed by a learned
Coordinate Bench. It is thus, submitted that the case of the
petitioner is on a better footing. It is further submitted that
petitioner will not abscond rather will cooperate in the trial to
prove his innocence.
5. Learned APP opposes the bail application.
6. Considering the submissions made by learned
counsel for the petitioner, let petitioner, above-named, be
released on bail on furnishing bail bond of Rs.10,000/- (Rs. Ten
Thousand) with two sureties of the like amount each to the
Patna High Court CR. MISC. No.56214 of 2025(3) dt.06-02-2026
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satisfaction of learned 6th District & Additional Sessions Judge-
cum-Special Judge POCSO, Bhojpur, Ara in connection with
Charpokhari P.S. Case No.253 of 2024.
7. However, it is made clear that if the learned Trial
Court comes to a conclusion that petitioner, after his release, is
trying to delay the framing of charge, or after framing of charge,
is trying to delay the trial, in both the conditions, the learned
Trial Court shall be at liberty to cancel the bail bond of the
petitioner.
(Satyavrat Verma, J)
Sanjay/-
U T
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