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Nitesh Kumar @ Nitesh Thakur v. the State of Bihar

Patna HC18 Aug 2021CR. MISC./37942/2021

Case brief

AI extract

What is this about?

This is a bail application in a case involving affray and attempted murder. The High Court granted regular bail considering the petitioner's custody duration, delayed trial due to the pandemic, and the nature of allegations, imposing specific conditions.

What did the court decide?

Petitioner released on regular bail on furnishing bonds of Rs. 10,000 with two sureties of the like amount.

Nitesh Kumar @ Nitesh Thakur Vs the State of Bihar — Murder and Culpable Homicide | Patna HC (2021)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.37942 of 2021

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Arising Out of PS. Case No.-822 Year-2019 Thana- AHIYAPUR District- Muzaffarpur

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

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NITESH KUMAR @ NITESH THAKUR S/O RAMAKANT THAKUR R/O VILLAGE MURADPUR BHARAT, P.S AHIYAPUR, DISTRICTMUZAFFARPUR.

... ... Petitioner/s

Versus

THE STATE OF BIHAR

... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Hari Kishore Thakur, Advocate For the Opposite Party/s : Mr. Nawal Kishore Prasad, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER

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2 18-08-2021

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Heard Mr. Hari Kishore Thakur, learned counsel for the petitioner and Mr. Nawal Kishore Prasad, learned Additional Public Prosecutor appearing for the State through video conferencing.

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Petitioner seeks regular bail in connection with Ahiyapur P.S. Case No. 822 of 2019 registered for the offences punishable under Sections 147, 148, 149, 341, 323, 324, 307 and 302 of the Indian Penal Code 1860.

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This is second attempt for grant of regular bail on behalf of the petitioner inasmuch as earlier the bail application of the petitioner was rejected by this Court vide order dated 24.11.2020 passed in Cr. Misc. 24382 of 2020 with liberty to renew his prayer for grant of regular bail after six months.

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Patna High Court CR. MISC. No.37942 of 2021(2) dt.18-08-2021 2/3

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The allegation against the petitioner as per the First Information Report is that the petitioner along with other named accused persons, with common intention, assaulted the son of the informant with brick on his head causing injury to him and another co-accused Mukesh gave Farsa blow upon son of the informant (since deceased).

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Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case due to dispute regarding drainage between the parties and both the parties are agnates/neighour, and they have been living side by side. Learned counsel further submits that the allegation of assault upon son of the informant is against two persons, but only one injury has been found on the deceased. Learned counsel next submits that the petitioner is in custody since 10.7.2019 and referring to paragraph-9 of this application submits that the trial is not likely to be concluded in near future due to Covid-19 pandemic.

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Regard being had to the submission made by the parties and taking into consideration the materials on record, the fact that the petitioner is in custody since 10.7.2019, the trial is not likely to be concluded in near future due to Covid-19 pandemic as well as this is second attempt on behalf

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Patna High Court CR. MISC. No.37942 of 2021(2) dt.18-08-2021 3/3

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of the petitioner for grant of regular bail, I am inclined to grant regular bail to the petitioner.

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Accordingly, let the petitioner, above named, be released on regular bail on furnishing bail bonds of Rs.10,000/(Ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate10th, Muzaffarpur, in connection with Ahiyapur P.S. Case No. 822 of 2019 subject to the condition that the petitioner will be well represented on each date in the trial and if he fails to do so on two consecutive dates, his bail bonds will be liable to be cancelled.

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It is made clear that at the time of furnishing bail bonds all the parties shall follow the guidelines regarding social distancing.

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(Anil Kumar Sinha, J)

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S.Ali/-

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U T

Nitesh Kumar @ Nitesh Thakur v. the State of Bihar

Case brief

What is this about?

What did the court decide?

Nitesh Kumar @ Nitesh Thakur v. the State of Bihar

Case brief

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What did the court decide?

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