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2026 DAILYLAW 5035 (PAT)

Nikhil Kumar @ Nikhil Singh v. The State of Bihar

CR. MISC./10263/2026 · 2026-02-25

Ajit Kumar

body2026

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.10263 of 2026 Arising Out of PS. Case No.-86 Year-2025 Thana- TANDWA District- Aurangabad ====================================================== Nikhil Kumar @ Nikhil Singh S/o- Birendra Singh R/v- Duari Ps- Tandwa Dist- Aurangabad ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mrs. Mukul Kumari For the Opposite Party/s : Mr. Chandra Bhushan Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR ORAL ORDER 2 25-02-2026 Heard learned counsel for the petitioner and learned APP for the State. 2. The petitioner apprehends his arrest in connection with Tandwa P.S. Case No.86 of 2025 registered for the offence punishable under Sections 191(2), 126(2), 115(2), 109(1), 75 of the Bharatiya Nyaya Sanhita. 3. As per the FIR, while the son of the informant was sitting at the temple, in the meantime, one car came there and ten persons getup from the vehicle and started assaulting. While the informant and his wife came to rescue of their son, they were also assaulted by the accused persons. 4. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in the present case. She further submits that, in the instant case, there Patna High Court CR. MISC. No.10263 of 2026(2) dt.25-02-2026 2/3 are six named accused and five unknown persons. There is no specific allegation of any overt act against the petitioner. For similar allegations, the co-accused, namely, Sujit Singh, Bhanu Kumar, and Niranjan Kumar, have already been granted bail vide order dated 10.12.2025 passed in Cr. Misc. No. 81796 of 2025, while another co-accused, namely, Nidhi Kumar, has been taken into judicial custody. Lastly, it is submitted that the petitioner has no criminal antecedents. 5. On the other hand, the learned APP for the State has opposed the prayer for bail of the petitioner. 6. Taking into account that similarly situated persons have been granted bail, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate, 1st Class, Aurangabad/Successor Court in connection with Tandwa P.S. Case No.86 of 2025 subject to the conditions as laid down under Section 482(2) of the BNSS as well as the following conditions: (i) One of the bailors should be the family member/relative/known of the petitioner(s) who shall provide Patna High Court CR. MISC. No.10263 of 2026(2) dt.25-02-2026 3/3 official document/ personal affidavit to show his/her bona fide; (ii) the petitioner(s) shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his/her/their bail bond by the Trial Court itself; (iii) the petitioner(s) shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of the bail bonds; (iv) the petitioner(s) shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of their bail bonds. shikha/- (Ajit Kumar, J) U T