Allowed¶22

Nikhil Singh @ Nikhil Kumar Singh @ Nikhil v. The State of Bihar

Bail granted – Regular bail

Patna HC5 Aug 2024CR. MISC./47552/2024

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What is this about?

Patna High Court, Criminal Miscellaneous No.47552 of 2024, decided 05-08-2024 by Justice Chandra Prakash Singh. Regular bail granted in Tarari P.S. Case No. 230 of 2023 (District Bhojpur) under IPC Sections 341, 323, 307 read with Section 34, arising from alleged assault on informant's mother amid property dispute. Custody since 22.04.2024; simple injury and case/counter-case urged by defence; State opposed. Bail on Rs.20,000 bond with two like sureties to the satisfaction of the Court at Ara.

What did the court decide?

Regular bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of the learned Court concerned, Bhojpur at Ara, in connection with Tarari P.S. Case No. 230 of 2023. ¶22

Nikhil Singh @ Nikhil Kumar Singh @ Nikhil Vs The State of Bihar — Patna HC (2024) — LawSathi Research

What the court decided

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Outcome

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Issue for consideration

Whether the petitioner, arrayed as accused in Tarari P.S. Case No. 230 of 2023 under Sections 341, 323, 307 read with Section 34 of the Indian Penal Code, should be enlarged on regular bail.

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Court's answer

Considering the facts and circumstances of the case as well as the period of custody, the Court directed that the petitioner be enlarged on bail on furnishing a bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each, to the satisfaction of the learned Court concerned, Bhojpur at Ara, in connection with Tarari P.S. Case No. 230 of 2023; the application was accordingly allowed.

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Detailed headnote1 paragraphs

Bail granted — Regular bail — Petitioner (Nikhil Singh @ Nikhil Kumar Singh @ Nikhil) sought regular bail in connection with Tarari P.S. Case No. 230 of 2023 dated 23.12.2023, registered for offences punishable under Sections 341, 323 and 307 read with Section 34 of the Indian Penal Code, District Bhojpur — Prosecution case, as recorded by the Court, is that the petitioner allegedly assaulted the informant's mother with a stick causing a head injury, the occurrence being stated to arise from a property dispute between the parties — Counsel for the petitioner urged innocence, that the name surfaced merely on suspicion, existence of case and counter case, simple nature of injury per the injury report, family dispute over a petty issue, clean antecedent, and custody since 22.04.2024; learned A.P.P. opposed — Considering the facts and circumstances and the period of custody, the High Court (Chandra Prakash Singh, J.) by order dated 05-08-2024 directed the petitioner to be enlarged on bail on furnishing a bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each, to the satisfaction of the learned Court concerned, Bhojpur at Ara — Application allowed.

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.47552 of 2024

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Arising Out of PS. Case No.-230 Year-2023 Thana- TARARI District- Bhojpur

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

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Nikhil Singh @ Nikhil Kumar Singh @ Nikhil S/o Awadhesh Singh R/o vill - Sara, P.S .- Tarari, Distt. - Bhojpur

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... ... Petitioner/s

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Versus

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The State of Bihar Bihar

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... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr.Shiv Prasad Gupta, Adv. For the Opposite Party/s : Mr.Kalyan Shankar, APP ======================================================

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CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH

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ORAL ORDER

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3 05-08-2024

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Heard learned counsel for the petitioner and learned

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A.P.P for the State.

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2. The petitioner has preferred this application for grant of regular bail in connection with Tarari P.S. Case No. 230 of 2023 dated 23.12.2023 registered for the offences punishable u/ss 341, 323, 307 read with Section 34 of the Indian Penal Code.

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3. As per the prosecution case, the petitioner is alleged to have assaulted the informant’s mother with stick due to which she sustained head injury. The reason behind the occurrence is stated to be property dispute between the parties.

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4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in

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Patna High Court CR. MISC. No.47552 of 2024(3) dt.05-08-2024 2/2

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this case. The name of the petitioner has surfaced in this case merely on suspicion. There is case and counter case between the parties. As per the injury report of the injured, the injury is simple in nature. Learned counsel has further submitted that due to family dispute between the parties on pitty issue, the present case has been filed against the petitioner. The petitioner has clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 22.04.2024.

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5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

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6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Bhojpur at Ara in connection with Tarari P.S. Case No. 230 of 2023.

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7. The application stands allowed.

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(Chandra Prakash Singh, J)

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Gautam/- U T

Nikhil Singh @ Nikhil Kumar Singh @ Nikhil v. The State of Bihar

Case brief

What is this about?

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Nikhil Singh @ Nikhil Kumar Singh @ Nikhil v. The State of Bihar

Case brief

What is this about?

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What the court decided

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