Patna High Court
Nikhil KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Bail was granted to the petitioner on the condition of a Rs. 10,000 bond and two sureties.
Summary
Nikhil Kumar was arrested in connection with the murder of an informant's father, charged under Sections 103(1) and 3(5) of the Bihar Narcotic Substances Act, 2023 and Section 27 of the Arms Act. The petitioner applied for bail, arguing that the informant was not an eye‑witness and that the accused were only seen fleeing the scene, with no direct evidence of participation. The State opposed bail. The court examined the seriousness of the allegations, the length of custody since 28‑01‑2025, and the petitioner's clean antecedents, and found no compelling reason to keep him detained. Consequently, the court granted bail on a bond of Rs. 10,000 with two sureties, subject to the satisfaction of the Chief Judicial Magistrate, Samastipur. The order was pronounced by Justice Prabhat Kumar Singh.
Issues considered
- Whether bail should be granted to the petitioner under the circumstances of the case.
Legislation cited
- Arms Act — s. 27
- Bihar Narcotic Substances Act, 2023 — s. 103(1), 3(5)
Subjects
- bail
- criminal procedure
- murder
- arms act
- narcotic substances act
- clean antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.79331 of 2025
Arising Out of PS. Case No.-21 Year-2025 Thana- MOHANPUR District- Samastipur
======================================================
Nikhil Kumar S/O Sanjay Ray R/O Village- Dih Madhopur, P.S- Mohanpur,
Distt.- Samastipur, Bihar- 848101.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Piyush Kumar Pandey
For the Opposite Party/s : Mr.Surendra Prasad Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
3 09-01-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner seeks bail in a case registered for
offence under Sections 103(1) and 3(5) of the B.N.S., 2023 and
Section 27 of the Arms Act.
3. Petitioner is named in the F.I.R. with general and
omnibus allegation that he along with nine other named accused
persons killed father of the informant.
4. Learned counsel for the petitioner submits that
from bare perusal of the F.I.R., it is manifest that informant is
not eye-witness to the occurrence and petitioner & others were
only seen fleeing from the spot. No one has claimed to have
seen this petitioner committing the alleged occurrence.
Informant has raised only suspicion against petitioner and others
due to previous enmity. Petitioner is in custody since
28.01.2025 and claims clean antecedent. Chargesheet has been
Patna High Court CR. MISC. No.79331 of 2025(3) dt.09-01-2026
2/2
submitted.
5. Learned A.P.P. for the State opposes the prayer for
bail.
6. Considering the nature of accusation, period of
custody and clean antecedent, let the above named petitioner be
released on bail on furnishing bail-bond of Rs. 10,000/- (ten
thousand) with two sureties of the like amount each to the
satisfaction of learned C.J.M., Samastipur in connection with
Mohanpur P.S. Case No. 21 of 2025.
(Prabhat Kumar Singh, J)
anay
U T
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