Patna High Court

Nikhil Kumar @ Neeraj kumarversusThe State of Bihar

Decided: 13 January 2026
Disposal: BAIL GRANTED
Bench: NAWNEET KUMAR PANDEY

Holding

The court held that in the absence of any material evidence or charge framing, the petitioner is entitled to regular bail.

Summary

The petitioner, Nikhil Kumar, was arrested in connection with a robbery alleged to have occurred on 01‑06‑2024 and has been in custody since 08‑07‑2024 without any charge being framed. The prosecution alleges he participated in looting a gold chain and a smartphone at gunpoint, but no material evidence has been recovered from his possession and the only incriminating material is a co‑accused’s confessional statement. The petitioner contended his innocence and the lack of a thorough investigation, while the State highlighted his alleged criminal antecedents. The court noted the prolonged pre‑trial detention, absence of any charge or recovered property, and the lack of substantive evidence against him. Consequently, the court ordered his release on regular bail with a bond of Rs.10,000 and two sureties, subject to his cooperation in the trial.

Issues considered

Whether regular bail should be granted to an accused under Section 392 IPC when no charge has been framed and no material evidence has been recovered.
Whether the length of pre‑trial detention justifies granting bail despite the State’s claim of the petitioner’s criminal antecedents.

Legislation cited

Indian Penal Code — s. 392

Subjects

regular bail
Section 392 IPC
robbery
pre‑trial detention
charge framing
bail bond

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.60655 of 2025
                   Arising Out of PS. Case No.-257 Year-2024 Thana- PATRAKARNAGAR District- Patna
                 ======================================================
                 Nikhil Kumar @ Neeraj kumar S/O Ajay Prasad Singh Resident of Flat No
                 56B Rajendra Nagar Road No.-8, Rajendra Nagar Sujata Murti, Rajendra
                 Nagar, P.S- Kadamkua, District- Patna.                ... ... Petitioner/s
                                                    Versus
                 The State of Bihar                              ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Binay Kumar Singh
                 For the State            :      Mr. Sunil Kumar Pandey
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR
                 PANDEY
                                       ORAL ORDER

4   13-01-2026                          Heard learned counsel for the petitioner as well as

                   learned APP for the State.

                                    2. In this case, the petitioner is seeking regular bail in

                   connection with Patrakarnagar P.S. Case No. 257 of 2024, registered

                   for the offences punishable under Section 392 of the IPC.

                                    3. As per allegation, on 01.06.2024, the informant was

                   intercepted by three persons near Palika Vinayak Hospital in

                   Kankarbagh. The assailants looted a 20 gram gold chain and a smart

                   phone from the informant at gunpoint and fled away.

                                  4. The learned counsel for the petitioner has submitted

                   that the petitioner is innocent and has falsely been implicated in the

                   present case. It has further been submitted that no TIP has been

                   conducted despite the fact that the petitioner is in custody for more

                   than a year. Nothing has been recovered from the conscious physical

                   possession of the petitioner and except confessional statement of the

                   co-accused, there is nothing against the petitioner in the entire case
             Patna High Court CR. MISC. No.60655 of 2025(4) dt.13-01-2026
                                                         2/2




                       diary to show his involvement in the present case. The petitioner is in

                       custody since 08.07.2024.

                                    5. On the other hand, the learned APP for the State has

                       opposed the prayer for bail and submitted that the petitioner is a

                       person of strong criminal antecedents.

                                    6. The petitioner is in custody for more than a year and

                       charge has not been framed against him. Nothing has been recovered

                       from his possession.

                                    7.    Considering       the    above-mentioned   facts   and

                       circumstances, let the petitioner above-named be released on bail on

                       furnishing bail bonds of Rs.10,000/- with two sureties of the like

                       amount each to the satisfaction of learned Judicial Magistrate-1st

                       Class, Patna in connection with Patrakarnagar P.S. Case No. 257 of

                       2024, subject to the condition that the petitioner shall cooperate in

                       the disposal of trial and make himself available as and when required

                       by the court.


                                            (Nawneet Kumar Pandey, J)

priyanka/-

U      T

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