Nikhil Kumar Vs The State of Bihar — Patna HC (2026) — LawSathi Research

Nikhil Kumar Vs The State of Bihar — Patna HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Regular bail granted: petitioners directed to furnish bail bonds of Rs.10,000/- each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Gopalganj, subject to conditions of cooperation with the trial.

Issue for consideration

Whether petitioners Nikhil Kumar and Vishal should be released on regular bail in connection with Mohammadpur P.S. Case No. 84 of 2025.

Court's answer

Considering the facts and circumstances, the petitioners were directed to furnish bail bonds, and on doing so the court below was to release them on bail on furnishing bail bonds of Rs.10,000/- each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Gopalganj.

Ratio / Principle

Release on bail was made subject to the condition that the petitioners shall cooperate in the disposal of the trial and make themselves available as and when required by the court.

Detailed headnote1 paragraphs

Patna High Court (Nawneet Kumar Pandey, J.), by order dated 02-02-2026 in Criminal Miscellaneous No. 58792 of 2025, allowed I.A. No. 01 of 2025 and granted regular bail to petitioners Nikhil Kumar and Vishal in connection with Mohammadpur P.S. Case No. 84 of 2025 (District Gopalganj), registered for offences under Sections 310(4), 310(5) and 317(5) of the BNS read with Sections 25(1-B), 26 and 35 of the Arms Act. As per allegation, on 18.05.2025 police intercepted a suspicious white Alto near NH 331 and apprehended four persons including the petitioners; a country made pistol, two live cartridges and mobiles were recovered from co-accused, and a knife from petitioner no. 1, while nothing was reportedly recovered from petitioner no. 2; the petitioners were in custody since 19.05.2025. Bail was ordered on bonds of Rs.10,000/- each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Gopalganj, subject to the petitioners cooperating in the disposal of the trial and making themselves available as and when required by the court.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.58792 of 2025

Arising Out of PS. Case No.-84 Year-2025 Thana- MOHAMMADPUR District- Gopalganj

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Nikhil Kumar S/o Sitai Ram Resident of Village - Nandpur, Sahnewal, PSSahnewal, Dist- Ludhiyana City, Punjab

Vishal S/o Pappu Resident of Village - Sahnewal, PS- Sahnewal, DistLudhiyana City, Punjab

... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Santosh Kumar Singh For the State : Mr. Narendra Kumar Singh

======================================================

CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY

ORAL ORDER

3 02-02-2026

I.A. No. 01 of 2025

Heard the learned counsel for the petitioners as well as

the learned Additional Public Prosecutor for the State.

The petitioners are seeking regular bail in connection with Mohammadpur P.S. Case No. 84 of 2025, registered for the offences punishable under Sections 310(4), 310(5), 317(5) of the BNS read with Sections 25(1-B), 26 and 35 of the Arms Act.

As per allegation, on 18.05.2025, police intercepted a suspicious white Alto near NH 331 and apprehended four persons including these petitioners. One accused person fled away from the place of occurrence. On search, a country made pistol and two live cartridge and some mobiles were recovered from possession of other co-accused persons and a knife was recovered from possession of petitioner no. 1, Nikhil Kumar.

Patna High Court CR. MISC. No.58792 of 2025(3) dt.02-02-2026 2/2

Learned counsel for the petitioners has submitted the petitioners are innocent and have falsely been implicated in the present case. It has further been submitted that nothing has been recovered from the possession of petitioner no. 2 and so far as petitioner no. 1 is concerned, only a knife has been recovered from his possession. The petitioners are persons of clean antecedents and are under custody since 19.05.2025.

Learned APP for the State opposed the prayer for bail of the petitioners.

Considering the above-mentioned facts and

circumstances, let the petitioners above-named, are directed to furnish bail bond and on doing so, the court below shall release the petitioners on bail on furnishing bail bonds of Rs.10,000/- each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Gopalganj in connection with Mohammadpur P.S. Case No. 84 of 2025, subject to the following conditions that the petitioners shall cooperate in the disposal of trial and make themselves available as and when required by the court.

Accordingly, I.A. No. 01 of 2025 stands allowed.

(Nawneet Kumar Pandey, J)

priyanka/-

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