Patna High Court
Raju Noniya @ Aarsi Chauhan @ R. C. ChauhanversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Anticipatory bail was granted to the petitioners.
Summary
The petitioners, Raju Noniya and Ghanshyam Paswan, applied for anticipatory bail in a murder case registered under Sections 103(2) and 3(5) of the Bharatiya Nyaya Sanhita. The prosecution’s case is based on a report by informant Mohan Kumar, who claimed his brother was killed by the petitioners, but he is not an eye‑witness and did not disclose how he obtained the information. No witness has positively identified the petitioners, and a co‑accused in the same case has already been granted bail. The petitioners asserted a clean antecedent, while the State opposed the bail. Considering the lack of direct evidence and the circumstances, the court granted anticipatory bail with a bond of Rs.10,000 and two sureties, subject to Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.
Issues considered
- Whether anticipatory bail should be granted to the petitioners under the Bharatiya Nyaya Sanhita in the absence of eye‑witness testimony.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 482(2)
- Bharatiya Nyaya Sanhita — s. 103(2), 3(5)
Subjects
- anticipatory bail
- murder
- informant
- clean antecedent
- bail bond
- Bharatiya Nyaya Sanhita
- Bharatiya Nagarik Suraksha Sanhita
- Section 103
- Section 3
- Section 482
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.12901 of 2026
Arising Out of PS. Case No.-159 Year-2025 Thana- BELCHHI District- Patna
======================================================
Raju Noniya @ Aarsi Chauhan @ R. C. Chauhan Son of Ganesh Noniya
Resident of Village - Korari, P.S. - Belchhi, District - Patna.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
with
CRIMINAL MISCELLANEOUS No. 19055 of 2026
Arising Out of PS. Case No.-159 Year-2025 Thana- BELCHHI District- Patna
======================================================
Ghanshyam Paswan @ Ghanshyam Kumar Son of Ram Pravesh Paswan
Resident of Village- Korari, P.S.- Belchhi, District- Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
(In CRIMINAL MISCELLANEOUS No. 12901 of 2026)
For the Petitioner/s : Mr. Ranjeet Kumar Pandey, Advocate
For the Opposite Party/s : Mr. Nand Kumar, A.P.P.
(In CRIMINAL MISCELLANEOUS No. 19055 of 2026)
For the Petitioner/s : Mr. Ranjeet Kumar Pandey, Advocate
For the Opposite Party/s : Mr. Raj Ballabh Singh, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 09-04-2026 Both the above mentioned cases are being disposed
of by a common order.
2. Heard learned counsel for the petitioners and the
State.
3. Petitioners apprehend arrest in a case registered for
the offences punishable under Sections 103(2), 3(5) of the
Patna High Court CR. MISC. No.12901 of 2026(2) dt.09-04-2026
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Bharatiya Nyaya Sanhita.
4. Prosecution case, in brief, as per written report of
informant Mohan Kumar is that, on 8/9/2025 at 06:00 AM, he
found that his brother Vipin Kumar had been murdered in his
new house. He suspects that these petitioners along with other
accused persons have killed his brother with a sharp knife, due
to enmity.
5. Learned counsel for the petitioners submits that
informant is not an eye-witness to the occurrence and has not
disclosed the source of information as to how he came to know
that petitioners and other co-accused have killed his brother.
During investigation, none of the witnesses have claimed to
have seen these petitioners committing the alleged offence.
Similarly situated co-accused has already been allowed bail by
this Court vide order passed in Cr.Misc.No. 8363/2026.
Petitioners claim clean antecedent.
6. Learned A.P.P. for the State vehemently opposed
the bail application.
7. Considering the nature of accusation and other facts
and circumstances of the case, this anticipatory bail is allowed
and it is ordered that let the above named petitioners in the event
of their arrest/surrender before the court below within a period
Patna High Court CR. MISC. No.12901 of 2026(2) dt.09-04-2026
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of eight weeks from today, be enlarged on bail on furnishing
bail-bond of Rs. 10,000/- (ten thousand) each with two sureties
of the like amount each to the satisfaction of Sub Divisional
Judicial Magistrate, Barh in connection with Belchhi P.S. Case
No. 159 of 2025, subject to condition as laid down under
Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita,
2023.
(Prabhat Kumar Singh, J)
Navya/-
U T
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