Patna High Court
Yogendra Noniya @ Yogindra NoniyaversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- ARUN KUMAR JHA
Holding
The court held that bail could not be granted due to the serious nature of the allegations and the alleged admission by the petitioner.
Summary
Petitioner Yogendra Noniya applied for bail in a murder case (Kasma P.S. Case No. 57 of 2025) where he is accused, along with others, of killing the father of the informant. The prosecution alleges the murder occurred near an under‑construction house and cites a mobile‑phone recording in which the petitioner allegedly admits the killing. The petitioner contends he is falsely implicated, citing lack of eyewitnesses, no incriminating material recovered, and a family land‑dispute motive. The court, considering the seriousness of the charge and the alleged admission, declined to grant bail and ordered the trial court to expedite the trial. Consequently, the bail petition was dismissed.
Issues considered
- Whether the petitioner is entitled to bail in view of the serious nature of the murder allegation and the alleged mobile‑phone admission
- Whether the evidence presented by the prosecution justifies denial of bail
Legislation cited
- B.N.S. — s. 103, 3(5), 61(2)
Subjects
- bail
- murder
- false implication
- mobile phone evidence
- serious offence
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.83281 of 2025
Arising Out of PS. Case No.-57 Year-2025 Thana- KASMA District- Aurangabad
======================================================
Yogendra Noniya @ Yogindra Noniya S/O Late Arjun Noniya R/O Village-
Arthua Chatti, P.S- Kasma, Distt.- Aurangabad.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mrs.Mukul Kumari, Advocate
For the State : Mr.Surendra Kumar, APP
For the Informant : Mr. Md. Javed Jafar Khan, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
ORAL ORDER
3 11-02-2026 Heard learned counsel for the petitioner and learned
APP for the State as well as learned counsel appearing on behalf
of the petitioner.
02. In the present case, the petitioner seeks bail in
connection with Kasma P.S. Case No. 57 of 2025 registered for
the alleged offences under Sections 103, 61(2), 3(5) of B.N.S.
03. As per prosecution case, the father of the
informant was murdered while sleeping near the under
construction house of the informant. The name of the petitioner,
who is the brother of the informant, along with other co-accused
persons transpired during investigation for being involved in the
murder of the father of the informant.
Patna High Court CR. MISC. No.83281 of 2025(3) dt.11-02-2026
2/3
04. Learned counsel for the petitioner submits that the
petitioner is innocent and has been falsely implicated in this
case and no occurrence as alleged has ever taken place. There
was dispute between the petitioner and his father for partition of
land but he has not committed his murder and in order to grab
the share of the petitioner, the informant brother has lodged this
false case. There is no eye witness to the alleged occurrence and
the petitioner has been dragged in this case merely on suspicion.
The dead body of the father of the informant has been lying near
an under construction house which was an open place and
anybody might have committed the murder. Nothing
incriminating has been recovered from the person or possession
of the petitioner. The petitioner is having clean antecedent and
he is in custody since 11.07.2025. Charge sheet has been
submitted.
05. Learned APP as well as learned counsel appearing
on behalf of the informant vehemently oppose the submission
made on behalf of the petitioner. Learned counsel for the
informant submits that this petitioner admitted killing of his
father on a mobile call with his sister and the sister of the
petitioner produced the mobile phone and its recording to the
police official.
Patna High Court CR. MISC. No.83281 of 2025(3) dt.11-02-2026
3/3
06. Having regard to the serious nature of allegation, I
am not inclined to grant bail to the petitioner and hence, his
prayer for bail is rejected.
07. Learned trial court is directed to expedite the trial
and conclude it at the earliest.
(Arun Kumar Jha, J)
DKS/-
U T
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