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Patna High CourtCR. MISC./1468/2025bail granted

Lale Noniya @ Lal Babu Chaudhary v. The State Of Bihar

2025-02-05Mr. Justice Chandra Shekhar Jha3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1468 of 2025 Arising Out of PS. Case No.-170 Year-2024 Thana- UDWANTNAGAR District- Bhojpur ====================================================== 1.

Lale Noniya @ Lal Babu Chaudhary Son of Late Chaturi Noniya, Resident of Village- Baligaon, P.S.- Aayar, District- Bhojpur. 2.

Tuna Noniya @ Tuna Chaudhary Son of Lale Noniya @ lal Babu chaudhary Resident of Village- Baligaon, P.S.- Aayar, District- Bhojpur. 3.

Shankar Noniya @ Shankar Kumar, Son of Krishna Noniya, Resident of Village- Baligaon, P.S.- Aayar, District- Bhojpur. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Dharmesh Kumar Shrivastava, Advocate For the Opposite Party/s :

Mrs.Anita Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 05-02-2025 Heard learned counsel appearing on behalf of the petitioners and learned Additional Public Prosecutor appearing on behalf of the State.

2. The accused/petitioners are named in F.I.R. and apprehending their arrest in connection with Udwant Nagar P.S. Case No. 170 of 2024, registered for the offences punishable under Sections 341, 323, 307, 504, 506, 34 of the Indian Penal Code.

3. The allegation against above named petitioners is to assault informant and other family members alongwith

Patna High Court CR. MISC. No.1468 of 2025(2) dt.05-02-2025 2/3 other named co-accused persons, where during the course of occurrence, the informant and her family members received bodily injuries, where the assault was made with intention to cause death.

4. Learned counsel appearing on behalf of the petitioners submitted that both parties are agnates and it is apparent from the face of FIR that there are inimical terms and having long pending land dispute. It is submitted that the FIR further suggest that "marriage stage" which was raised for the marriage of one neighbour collapsed during function and due to said incident, the husband of the informant received injuries. It is also pointed out that the allegation as to assault on the head of the husband of the informant is specifically available against co-accused Vakil Noniya, who is not the petitioner for the present.

5. Learned APP opposed the prayer of bail.

6. Considering the aforesaid facts and circumstances as allegation to cause head injury is specifically against co-accused Vakil Noniya, whereas allegation qua physical assault against above named petitioners appears

Patna High Court CR. MISC. No.1468 of 2025(2) dt.05-02-2025 3/3 prima facie very much general and omnibus, accordingly, all above named petitioners, in the event of their arrest or surrender before the learned trial Court, within a period of four weeks of the order, are directed to be released on bail furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Bhojpur at Ara/concerned Court, where the case is pending in connection with Udwant Nagar P.S. Case No. 170 of 2024, subject to the conditions as laid down under Section 438(2) of the Cr.P.C./482(2) of BNSS (Chandra Shekhar Jha, J) veena/- U T