Lalendra Noniya @ Narendra Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.13533 of 2025 Arising Out of PS. Case No.-178 Year-2024 Thana- TETERHAT District- Lakhisarai ====================================================== Lalendra Noniya @ Narendra Kumar Son of Shibu Noniya, Resident of VillSaban Khairwa, P.S. -Tetarhat Dist -Lakhisarai ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Krishna Kumar, Adv.
For the Opposite Party/s :
Mr. Narsingh Tanti, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 28-03-2025 Heard Krishna Kumar, learned counsel for the petitioner and Mr. Narsingh Tanti, learned APP for the State.
2. The petitioner apprehends his arrest in connection with Tetarhat P.S. Case No. 178 of 2024 dated 30.11.2024 registered for the offences punishable under sections 191(2), 191(3), 190, 126(2), 115(2), 329(4), 109(1), 118(1), 352, 351(2) and 74 of the Bharatiya Nyaya Sanhita.
3. The main submissions advanced by learned counsel appearing for the petitioner are that prior to registration of the FIR of the present matter, there was only one case against the petitioner bearing Tetarhat P.S. Case No. 104 of 2023 registered under sections 385 and 387 of the Indian Penal Code, in which the police submitted the final form with the conclusion that the matter related to land dispute and the said case was
Patna High Court CR. MISC. No.13533 of 2025(2) dt.28-03-2025 2/3 lodged by the prosecution party and in between both the parties, there is land dispute and in the FIR of the present matter, altogether eight persons, including the petitioner, have been made accused but in the entire FIR, except the name of the petitioner as an accused, there is no specific allegation against him and he is not alleged to have assaulted any of the injured persons detailed in the FIR.
4. On the other hand, learned APP appearing for the State has vehemently opposed the prayer of the petitioner and submits that in the instant matter, several persons sustained injuries and the accused persons including the petitioner, equipped with spade, khanti and farsa, entered into the house of the informant and thereafter, assaulted the informant and his family members badly.
5. In the facts and circumstances of this case as well as considering the aforesaid submissions advanced by petitioner's counsel and mainly the facts that in the FIR, there is no specific allegation against the petitioner and the main allegation as to assaulting the injured persons is against coaccused persons and as per the order impugned, in which the injuries of the injured persons have been discussed, no sharp cut injury was found on the body of any of the injured persons, in
Patna High Court CR. MISC. No.13533 of 2025(2) dt.28-03-2025 3/3 my opinion, it is a fit case for anticipatory bail to the petitioner. Accordingly, let the petitioner named-above, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, be released on anticipatory 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 Court concerned in connection with Tetarhat P.S. Case No. 178 of 2024, subject to the conditions as laid down under Section 482(2) of the B.N.S.S.
(Shailendra Singh, J) annu/- U T