Patna High Court

Nikhil KumarversusThe State of Bihar

Decided: 2 February 2026
Disposal: BAIL GRANTED
Bench: NAWNEET KUMAR PANDEY

Holding

The court granted regular bail to the petitioners, directing release upon furnishing bail bonds of Rs 10,000 each with two sureties.

Summary

The petitioners, Nikhil Kumar and Vishal, were arrested on 19 May 2025 after police intercepted a suspicious vehicle and recovered a pistol, live cartridges, a knife and mobile phones. They were charged under Sections 310(4), 310(5), 317(5) of the BNS and Sections 25(1‑B), 26 and 35 of the Arms Act. The petitioners contended that they were innocent, that no weapon was recovered from Vishal and only a knife from Nikhil, and that they have clean antecedents. The State opposed the bail application, citing the seriousness of the offences. The High Court, after considering the facts, directed that each petitioner be released on regular bail upon furnishing a bond of Rs 10,000 with two sureties, subject to cooperation with the trial. The interim application for bail was therefore allowed.

Issues considered

Whether the petitioners are entitled to regular bail despite being charged under serious provisions of the BNS and the Arms Act
Whether the material recovered and the circumstances of arrest justify denial of bail

Legislation cited

Arms Act — s. 25(1-B), 26, 35
BNS — s. 310(4), 310(5), 317(5)

Subjects

regular bail
Arms Act
BNS
serious offences
high court
bail bond

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.58792 of 2025
                  Arising Out of PS. Case No.-84 Year-2025 Thana- MOHAMMADPUR District- Gopalganj
                 ======================================================
           1.     Nikhil Kumar S/o Sitai Ram Resident of Village - Nandpur, Sahnewal, PS-
                  Sahnewal, Dist- Ludhiyana City, Punjab
           2.     Vishal S/o Pappu Resident of Village - Sahnewal, PS- Sahnewal, Dist-
                  Ludhiyana City, Punjab
                                                                         ... ... Petitioner/s
                                                Versus
                 The State of Bihar                               ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s    :       Mr. Santosh Kumar Singh
                 For the State           :       Mr. Narendra Kumar Singh
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR
                 PANDEY
                                       ORAL ORDER

3   02-02-2026                                 I.A. No. 01 of 2025

                                  Heard the learned counsel for the petitioners as well as

                   the learned Additional Public Prosecutor for the State.

                                2. The petitioners are seeking regular bail in connection

                   with Mohammadpur P.S. Case No. 84 of 2025, registered for the

                   offences punishable under Sections 310(4), 310(5), 317(5) of the

                   BNS read with Sections 25(1-B), 26 and 35 of the Arms Act.

                                3. As per allegation, on 18.05.2025, police intercepted a

                   suspicious white Alto near NH 331 and apprehended four persons

                   including these petitioners. One accused person fled away from the

                   place of occurrence. On search, a country made pistol and two live

                   cartridge and some mobiles were recovered from possession of other

                   co-accused persons and a knife was recovered from possession of

                   petitioner no. 1, Nikhil Kumar.
             Patna High Court CR. MISC. No.58792 of 2025(3) dt.02-02-2026
                                                         2/2




                                    4. Learned counsel for the petitioners has submitted the

                       petitioners are innocent and have falsely been implicated in the

                       present case. It has further been submitted that nothing has been

                       recovered from the possession of petitioner no. 2 and so far as

                       petitioner no. 1 is concerned, only a knife has been recovered from

                       his possession. The petitioners are persons of clean antecedents and

                       are under custody since 19.05.2025.

                                    5. Learned APP for the State opposed the prayer for bail of

                       the petitioners.

                                    6.    Considering       the    above-mentioned     facts   and

                       circumstances, let the petitioners above-named, are directed to

                       furnish bail bond and on doing so, the court below shall release the

                       petitioners on bail on furnishing bail bonds of Rs.10,000/- each with

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

                       Chief     Judicial    Magistrate,       Gopalganj    in   connection    with

                       Mohammadpur P.S. Case No. 84 of 2025, subject to the following

                       conditions that the petitioners shall cooperate in the disposal of

                       trial and make themselves available as and when required by the

                       court.

                                    7. Accordingly, I.A. No. 01 of 2025 stands allowed.


                                            (Nawneet Kumar Pandey, J)

priyanka/-

U      T

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