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Patna High Court

Lallu Nonia @ Lalu Noniya @ Lalu @ Lallu ChauhanversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

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

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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