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Patna High Court

Nikhil Goyal @ Nikhil Kumar GoelversusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

Bail was denied to the petitioner.

Summary

The petitioner, Nikhil Goyal, was charged with murder under Sections 103(1), 61(2) and 3(5) of the Bhartiya Nyaya Sanhita and Section 27 of the Arms Act for the killing of Awadhesh Agrawal. He sought regular bail after his earlier bail petition was rejected, arguing that there were no eyewitnesses and that the case relied only on confessional statements of co‑accused and himself. The State opposed bail, contending that the petitioner orchestrated the murder, provided the vehicle used, paid Rs 20 lakh to the shooters, and that the trial was already at an advanced stage with several witnesses examined. Citing a Supreme Court pronouncement that courts should be loath to grant bail in serious offences once trial has commenced, the High Court refused bail, allowing the petitioner to re‑apply after six months and directing the trial court to conclude the trial within that period. The bail petition was therefore dismissed.

Issues considered

  • Whether bail can be granted to an accused in a murder case at the present stage of trial.
  • Whether the existence of only confessional statements and lack of eyewitnesses justifies granting bail.
  • Whether the Supreme Court’s guideline on bail in serious offences applies to the present case.

Legislation cited

Subjects

  • bail
  • murder
  • confessional statement
  • Arms Act
  • serious offence
  • trial stage
  • business rivalry

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.84647 of 2025
                       Arising Out of PS. Case No.-738 Year-2024 Thana- PIRBAHOR District- Patna
                 ======================================================
                 Nikhil Goyal @ Nikhil Kumar Goel Son of Haribabu Goyal Resident of
                 Village - Mathura Govind Nagar Vidya Colony, P.S. - Govind Nagar, District -
                 Mathura, Uttar Pradesh.

                                                                                   ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Shivanand Singh, Advocate
                 For the Opposite Party/s :       Mr. Ram Naresh Ray, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                        CAV ORDER

5   13-03-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner has prayed for regular bail in a case

                   registered for the offence punishable under Sections 103(1),

                   61(2) & 3(5) of the Bhartiya Nyaya Sanhita (in short ‘B.N.S.’)

                   and under Section 27 of the Arms Act.

                                3. Learned counsel for the petitioner has submitted

                   that earlier the bail petition of this petitioner was rejected vide

                   order dated 16.07.2025 passed by learned Co-ordinate Bench in

                   Cr. Misc. No. 17048 of 2025.

                                4. The case of the prosecution in short is that on

                   27.10.2024 the deceased (Awadhesh Agrawal) went to his rental

                   room near Imambara, Churi Gali, Patna to take meal. In the
Patna High Court CR. MISC. No.84647 of 2025(5) dt.13-03-2026
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          meantime, unknown miscreants entered in his room and shot the

          informant’s maternal uncle (deceased). Thereafter, he was taken

          to Paras Hospital for treatment where the Doctors declared him

          dead.

                       5. Learned counsel for the petitioner has submitted

          that similarly situated co-accused Neeraj Gautam has been

          granted bail by the learned Co-ordinate Bench vide Cr. Misc.

          No. 49195 of 2025 and one Braj Gopal by this Court vide Cr.

          Misc. No. 87890 of 2025. It has been submitted that the case of

          this petitioner stands on better footing. It has further been

          submitted by the learned counsel for the petitioner that from

          perusal of the FIR it is clear that there is no eye-witness of this

          case. During course of investigation, the name of this petitioner

          has surfaced in the confessional statement of co-accused Neeraj

          Gautam, Brij Bhushan Dixit and Jitendra Kumar and the

          petitioner has himself given his confessional statement. It has

          further been submitted that there is nothing except suspicion and

          confessional statements of co-accused and this petitioner.

          Petitioner is in custody since 30.11.2024.

                       6. Learned APP for the State has vehemently opposed

          the bail petition of the petitioner. It has been submitted that this

          petitioner had purchased a vehicle from registered owner about
Patna High Court CR. MISC. No.84647 of 2025(5) dt.13-03-2026
                                            3/4




          five years ago which was used by the shooters at the relevant

          time for traveling from Mathura to Patna. It has further been

          submitted that confessional statement of the co-accused Neeraj

          Gautam and the petitioner goes to show that the petitioner

          wanted to get the deceased murdered as there was business

          rivalry between the petitioner and the deceased. On the

          instruction of this petitioner, the shooters were arranged and

          they have murdered the deceased. Learned APP for the State has

          further submitted that all the conspiracies and the arrangements

          for the murder were made by this petitioner which is apparent

          from the confessional statement of this petitioner and that this

          petitioner has paid Rupees Twenty Lakh to the shooters. It has

          further been submitted that a report was also called from the

          learned trial court regarding stage of trial and from perusal of

          the same, it is clear that out of the seven witnesses, four have

          already been examined in the trial court. Learned APP for the

          Stated has further submitted that the trial is at advance stage.

                       7. Since, it is a case of murder and the Hon’ble

          Supreme Court has held in the case of X Vs. State of Rajasthan

          & Anr passed in SLP(Criminal) No. 13378 of 2024 wherein in

          para- ‘14’, Hon’ble Apex Court has held which is being quoted

          hereunder:-

                                          14. Ordinarily in serious offences like rape,
             Patna High Court CR. MISC. No.84647 of 2025(5) dt.13-03-2026
                                                         4/4




                                                       murder, dacoity, etc., once the trial
                                                       commences and the prosecution starts
                                                       examining its witnesses, the Court be it the
                                                       Trial Court or the High Court should be loath
                                                       in entertaining the bail application of the
                                                       accused.
                                     8. Considering the above facts and circumstances of

                       the case, I am not inclined to grant bail to the petitioner at this

                       stage, however, he may renew his prayer for bail after six

                       months if the trial is not concluded.

                                     9. Learned trial court is directed to conclude the trial

                       within the said period positively.



                                             (Ashok Kumar Pandey, J)
durgesh/-

AFR/NAFR                NAFR
CAV DATE                NA
Uploading Date          13.03.2026
Transmission Date       13.03.2026


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