Patna High Court
Lallu Nonia @ Lalu Noniya @ Lalu @ Lallu ChauhanversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Bail was denied because the specific accusation and seriousness of the offences warranted continued custody.
Summary
The petitioner, Lallu Nonia, applied for bail in a criminal case where he is accused under Sections 341, 323 and 302 of the Indian Penal Code for allegedly pushing the informant’s husband, causing him to fall from a roof and die. The prosecution contends that the petitioner, while intoxicated, directly caused the death, making him the assailant. The petitioner’s counsel argued that he is innocent, has no prior record, and that the death was accidental, seeking bail after being in custody since June 2025. The State opposed bail, emphasizing the specific accusation and seriousness of the offences. The court, after considering the direct nature of the charge and the gravity of the alleged murder, rejected the bail application and ordered the trial court to expedite the trial within a year. The order reflects the court’s view that bail is not appropriate given the circumstances.
Issues considered
- Whether bail should be granted to the petitioner accused of offences under Sections 341, 323 and 302 of the IPC.
- Whether the specific and direct nature of the accusation and the gravity of the alleged murder preclude the grant of bail.
Legislation cited
- Indian Penal Code — s. 302, 323, 341
Subjects
- bail
- IPC 341
- IPC 323
- IPC 302
- murder
- criminal procedure
- high court
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.5941 of 2026
Arising Out of PS. Case No.-490 Year-2023 Thana- KOILWAR District- Bhojpur
======================================================
Lallu Nonia @ Lalu Noniya @ Lalu @ Lallu Chauhan Son of Shiv Nandan
Noniya R/o Village - Kulharia, P.S. - Koilwar, District - Bhojpur.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner : Mr. Gopal Govind Mishra, Advocate
For the State : Ms. Pushpa Sinha, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 16-02-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner seeks bail in a case registered for the
offence punishable under Sections 341, 323 and 302 of the
Indian Penal Code.
3. As per prosecution case, it is alleged that this
petitioner, who is none else than own brother of husband of the
informant, in an inebriated condition, pushed husband of
informant due to which he fell from the roof and succumbed to
the injuries.
4. Learned counsel for the petitioner submits that
petitioner is quite innocent and has committed no offence.
Petitioner has falsely been implicated in this case with ulterior
Patna High Court CR. MISC. No.5941 of 2026(2) dt.16-02-2026
2/2
motive. As a matter of fact, the deceased himself fell from the
roof accidentally and succumbed to the injuries. Moreover,
charge-sheet has already been submitted and petitioner, having
no criminal antecedents, is in custody since 17.06.2025.
5. On the other hand, learned A.P.P. for the State has
vehemently opposed the prayer for grant of bail to the petitioner
and submitted that petitioner is named in the F.I.R. with specific
accusation of that he pushed husband of the informant from the
roof due to which he fell from roof and died. Petitioner is
assailant of the deceased.
6. Considering the facts and circumstances of the
case, specific and direct nature of accusation and gravity of
offence, the prayer for grant of bail to the petitioner is rejected.
7. However, considering the fact that petitioner is in
custody since 17.06.2025, the learned trial court is directed to
expedite the trial and conclude the same, preferably within a
period of one year from the date of receipt/production of a copy
of this order.
(Prabhat Kumar Singh, J)
shashank/-
U T
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