Patna High Court
Nikesh KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SATYAVRAT VERMA
Holding
Anticipatory bail was granted to the petitioner subject to bond and surety conditions under Section 482(2) of the Criminal Procedure Code.
Summary
The petitioner, Nikesh Kumar, sought anticipatory bail fearing arrest in a case involving multiple IPC offences and a provision of the Arms Act. He argued that he has a clean record, is not named in the FIR, and that the primary allegations of firing pertain to other accused persons. The petitioner also highlighted that co‑accused had previously been granted anticipatory bail, indicating a favorable precedent. The State opposed the bail, contending the seriousness of the offences. The Court, after considering the submissions, granted anticipatory bail subject to a bond of Rs. 25,000 with two sureties and a six‑week surrender condition, invoking its powers under Section 482(2) of the Criminal Procedure Code. The order also stipulated that one of the bailors be the petitioner’s cousin.
Issues considered
- What is the applicability of anticipatory bail under Section 482(2) of the Criminal Procedure Code in the present case?
- Whether the petitioner, not named in the FIR and having a clean antecedent, is entitled to anticipatory bail despite the serious nature of the alleged offences?
Legislation cited
- Arms Act — s. 27
- Code of Criminal Procedure, 1973 — s. 482(2)
- Indian Penal Code — s. 147, 148, 149, 307, 323, 324, 341, 504, 506
Subjects
- anticipatory bail
- Criminal Procedure Code
- Indian Penal Code
- Arms Act
- bail conditions
- clean antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.92037 of 2025
Arising Out of PS. Case No.-240 Year-2021 Thana- SANGRAMPUR District- East
Champaran
======================================================
Nikesh Kumar Son of Late Arun Dubey Resident of village - Bhatiniya, P.S.-
Sangrampur, District - East Champaran.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Abhishek Kumar, Advocate
Ms. Harsha Shashwat, Advocate
For the Opposite Party/s : Ms.Pushpa Sinha.1, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 18-02-2026 1. Heard learned counsel for the petitioner and
learned A.P.P. for the State.
2. The petitioner apprehends his arrest in a case
registered for the offences punishable under Sections 147, 148,
149, 341, 323, 324, 307, 504 and 506 of the Indian Penal Code
and Section 27 of the Arms Act.
3. Learned counsel for the petitioner submits that
petitioner is a person with clean antecedent and the informant
alleges that during Mukhiya election, they were intercepted by
the accused persons and on orders of Sudhakar Dubey and
Prabhakar Dubey, accused Chinki Dubey fired at Ravi Kumar
but the bullet hit the informant on his neck, thereafter Ravi
Shankar Dubey and Chinki Dubey fired causing injury to others.
Patna High Court CR. MISC. No.92037 of 2025(2) dt.18-02-2026
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4. Learned counsel for the petitioner submits that
petitioner is not named in the FIR and his name transpired
during the course of investigation. It is next submitted that from
perusal of the allegations as alleged in the FIR, it would
manifest that specific allegation of firing is against Chinki
Dubey and Ravi Shankar Dubey. It is further submitted that
Ravi Shankar Dubey and 9 others had approached this Court
seeking anticipatory bail by filing Cr. Misc Nos. 38147 of 2022
and 46764 of 2022 and the same came to be allowed by order
dated 5-12-2022. It is also submitted that case of the petitioner
is on better footing. It is next submitted that petitioner will not
abscond rather will cooperate in the investigation to prove his
innocence.
5. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioner.
6. Considering the submissions made by the learned
counsel for the petitioner, the petitioner above-named, in the
event of his arrest or surrender within a period of six weeks
from today, be released on anticipatory bail on furnishing bail
bonds of Rs. 25,000/- (Rupees Twenty-five Thousand) with two
sureties of the like amount each to the satisfaction of the learned
trial court where the case is pending/successor court in
Patna High Court CR. MISC. No.92037 of 2025(2) dt.18-02-2026
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connection with Sangrampur P.S. Case No. 240 of 2021, subject
to the conditions as laid down under Section 482 (2) of the
BNSS.
7. One of the bailors of the petitioner shall be his
cousin, Chndan Kuamr.
(Satyavrat Verma, J)
Sumit/-
U T
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