Naresh Noniya v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.34069 of 2016 Arising Out of PS.Case No. -505 Year- 2014 Thana -NAUBATPUR District- PATNA ====================================================== Naresh Noniya, Son of Late Kuisun Noniya, Resident of Village Ajaman Bathani P.S. Navbatpur, District-Patna.

.... .... Petitioner

Versus

The State of Bihar .... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Pankaj Kumar For the Opposite Party/s : Mr. Bal Mukund Prasad Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 26-08-2016 Heard leaned counsel for the petitioner and the leaned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Naubatpur P.S. Case No. 505 of 2014, registered under Sections 147, 148, 149, 323, 324, 307, 302, 379 and 436 of the Indian Penal Code, pending in the court of the Judicial Magistrate, 1st Class, Danapur.

The accusation is that 20 persons named in the F.I.R., including the petitioner, variously armed with dangerous weapons, entered in the house of informant and asked him to withdraw the criminal case lodged by him. Thereafter, Binod Nonia caused injury through iron rod at the head of the father of the informant, namely, Shiv Dayal Prasad and Bullu Nonia assaulted him with Fasuli. Whereas, Surendra Nonia and Bhim Noniya broke the hand of the father of the informant and Lutu

Patna High Court Cr.Misc. No.34069 of 2016 (2) dt.26-08-2016 2/2 Nonia and Pappu Nonia assaulted the father of the informant by means of Khanti. Thereafter, Ravi Nonia, Jitendra Nonia and Naresh Nonia (Petitioner) assaulted the father of the informant through Lathi and Danda. The accused persons also looted the household articles. Thereafter, the father of the informant died. Learned counsel for the petitioner submits that the petitioner is the uncle of the informant and due to land dispute, the petitioner has falsely been implicated in this case. Learned A.P.P. for the State opposes the prayer of bail and submits that petitioner is named in the F.I.R. and there is direct allegation against the petitioner of assaulting the deceased by means of lathi and danda.

Having considered the facts and circumstances of the case and the nature of allegation against the petitioner, I am not inclined to grant anticipatory bail to the petitioner. Accordingly, his prayer for grant of anticipatory bail stands rejected. The petitioner is directed to surrender before the trail Court within six weeks and pray for regular bail, which would be considered by the trial Court in accordance with law without being prejudiced by the order of this Court.

(Rajendra Kumar Mishra, J.) manish/- U T