Shivu Noniya v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.24344 of 2025 Arising Out of PS. Case No.-178 Year-2024 Thana- TETERHAT District- Lakhisarai ====================================================== Shivu Noniya Son of Late Sundar Nonia Resident of Village - Savan Khairma, Police Station - Tetarhat, District - Lakhisarai. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Mukesh Kumar, Advocate For the Opposite Party/s :
Mr. Anish Chandra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 29-07-2025 Heard learned counsel for the petitioner and learned APP for the State. Perused the case diary.
2. The petitioner seeks bail in connection with Tetarhat P.S. Case No. 178 of 2024 instituted for the offences under Sections 191(2), 191(3), 190, 126(2), 115(2), 329(4), 109(1), 118(1), 352, 351(2), 74 of the Bharatiya Nyaya Sanhita, 2023.
3. Prosecution case, in short, is that the petitioner along with other accused persons, armed with deadly weapons, assaulted the informant with intention to kill him, as a result of which he sustained serious head injuries. It is further alleged that when the informant's family members intervened, they too, were brutally assaulted by the accused persons.
4. Learned counsel for the petitioner submitted that the
Patna High Court CR. MISC. No.24344 of 2025(3) dt.29-07-2025 2/3 petitioner has falsely been implicated in the present case. Learned counsel for the petitioner submitted that general and omnibus allegation has been made against the petitioner. The only specific allegation against the petitioner is that he assaulted on the informant's head due to which he sustained grievous injuries. Learned counsel further submitted that, as a matter of fact, there is admitted land dispute between the parties. Learned counsel further submitted that petitioner is aged about 73 years old and is suffering from old age disease and allegation of assault by a sick and old person is false and concocted. Chargesheet has been submitted in this case. It has been submitted on behalf of the petitioner that the petitioner is in custody since 08.02.2025 and has one criminal antecedent.
5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.
6. Considering the aforesaid facts and circumstances of the case, petitioner being of very old age as also the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.
7. Let the petitioner be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court
Patna High Court CR. MISC. No.24344 of 2025(3) dt.29-07-2025 3/3 below/concerned Court in connection with Tetarhat P.S. Case No. 178 of 2024.
(Rudra Prakash Mishra, J) Alok Verma/- U T