Patna High Court
Nikesh Kumar @ Satish KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The Court inclined to grant bail to the petitioner, finding no direct allegation against him and noting the charge‑sheet and parity with co‑accused.
Summary
Nikesh Kumar (alias Satish Kumar) was arrested in connection with a murder case (Gwalpara P.S. Case No. 107 of 2024) under Sections 302 and 34 of the Indian Penal Code and Section 27 of the Arms Act. The prosecution alleges that on 1 June 2024 the informant's son was shot dead, with villagers witnessing the crime but fearing to name the culprits. The petitioner, in custody since 3 March 2025, contends he was falsely implicated, was not named in the FIR, and faces only a general, omnibus allegation while the main assailant, Prince Kumar, has already been granted bail. The State opposed bail, citing the post‑mortem report confirming death by firearm. Considering the lack of direct allegation, the filing of the charge‑sheet, the petitioner’s custody period, and the principle of parity with co‑accused, the Court granted bail subject to monetary sureties and conditions of appearance.
Issues considered
- Whether bail should be granted to an accused under Sections 302, 34 IPC and Section 27 Arms Act when the charge‑sheet does not contain a specific allegation against him.
- Whether the delay in lodging the FIR and the general nature of the accusation affect the grant of bail.
- Whether the petitioner’s prior criminal antecedent precludes bail.
Legislation cited
- Arms Act — s. 27
- Indian Penal Code — s. 302, 34
Subjects
- bail
- murder
- IPC 302
- IPC 34
- Arms Act 27
- false implication
- criminal antecedent
- charge sheet
- trial conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.87173 of 2025
Arising Out of PS. Case No.-107 Year-2024 Thana- GWALPARA District- Madhepura
======================================================
Nikesh Kumar @ Satish Kumar Son of Sudish Yadav Resident of village -
Shyam, Ward No.- 10, P.S.- Gwalpara, District - Madhepura
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Manoj Kumar Pandey, Advocate
For the Opposite Party/s : Mr. Umanath Mishra, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 13-01-2026 Heard learned counsel for the petitioner and learned APP
for the State.
2. The petitioner seeks bail in connection with
Gwalpara P.S. Case No. 107 of 2024 instituted for the offence
under Sections 302 & 34 of the Indian Penal Code and Section
27 of the Arms Act.
3. Prosecution case in short is that on 01-06-2024,
informant son was shot dead near Shambhu Mukhiya’s house.
Villagers witnessed the crime but hesitated to name the culprits
out of fear.
4. It has been submitted on behalf of the petitioner
that the petitioner is in custody since 03-03-2025. Petitioner
bears one criminal antecedent/s, as per disclosure made in
Patna High Court CR. MISC. No.87173 of 2025(2) dt.13-01-2026
2/3
paragraph No. 3 of the bail application.
5. It has been further submitted by the petitioner’s
counsel that petitioner has been falsely implicated in the present
case. Petitioner is not named in the FIR. Name of the petitioner
has transpired during course of investigation. There is no
specific allegation against the petitioner, rather allegation is
general and omnibus in nature. It is submitted that co-accused,
namely, Prince Kumar is the main assailant, who has fired upon
the son of the informant. There is delay of two days in lodging
of the FIR. It is lastly submitted that charge sheet has been
submitted in this case. Other co-accused has been granted bail
by this Court vide order dated 19-02-2025, passed in Cr. Misc.
No. 83370 of 2024.
6. Learned A.P.P. for the State has vehemently
opposed the prayer for grant of bail to the petitioner. As per
postmortem report, cause of death is shock and hemorrhage
caused by firearms, which clearly corroborates the allegation
levelled in the FIR.
7. Considering the aforesaid facts and circumstances
of the case, period of custody of the petitioner, there being no
direct allegation against the petitioner, claim based on parity and
charge sheet being submitted, this Court is inclined to grant bail
Patna High Court CR. MISC. No.87173 of 2025(2) dt.13-01-2026
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to the petitioner.
8. Let the petitioner be released on bail on
furnishing bail bonds of Rs. 15,000/- (Fifteen Thousand)
with two sureties of the like amount each to the satisfaction
of Court below/concerned Court in connection with
Gwalpara P.S. Case No. 107 of 2024, subject to the following
conditions:
(I) One of the bailors shall be own/close member of the
family of the petitioner.
(II) The petitioner shall appear on each and every date
fixed at the trial. In case of default in such appearance on
two consecutive dates, the Trial Court will have liberty to
cancel the bail bonds of the petitioner.
(Rudra Prakash Mishra, J)
Raj Kishore/-
U T
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