Patna High Court
Upendra NoniyaversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The court granted bail to the petitioner subject to monetary and procedural conditions.
Summary
The petitioner, Upendra Noniya, was arrested in connection with a case alleging that he, along with others, assaulted an informant with deadly weapons, causing serious head injuries, and also assaulted the informant's family members. He contended that he was falsely implicated and that the only specific allegation against him was an assault on the informant's head, noting an underlying land dispute between the parties. The prosecution opposed bail, citing the seriousness of the offences under multiple sections of the Bharatiya Nyaya Sanhita, 2023, and the petitioner’s prior criminal antecedent. The court noted that a co‑accused had already been granted bail and considered the period of custody already endured by the petitioner. Weighing the principle of parity and the circumstances of the case, the court decided to grant bail subject to a cash bond and specific conditions. The bail order required the petitioner to appear at every trial date, refrain from tampering with evidence or intimidating witnesses, and provided for cancellation of bail upon violation of these conditions.
Issues considered
- Whether bail should be granted to the petitioner in light of the charges under the Bharatiya Nyaya Sanhita, 2023 and the facts of the case
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 109(1), 115(2), 118(1), 126(2), 190, 191(2), 191(3), 329(4), 351(2), 352, 74
Subjects
- bail
- criminal law
- assault
- Bharatiya Nyaya Sanhita
- evidence tampering
- witness intimidation
- land dispute
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.90213 of 2025
Arising Out of PS. Case No.-178 Year-2024 Thana- TETERHAT District- Lakhisarai
======================================================
Upendra Noniya S/o- Shibu Noniya R/v- SAwan Khairwa Ps- Tetarhat Dist-
Lakhisarai
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Krishna Kumar, Advocate
For the Opposite Party/s : Ms.Sharda Kumari, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
3 11-03-2026 Heard learned counsel for the petitioner and learned
APP for the State. Perused the case diary.
2. The petitioner seeks bail in connection with
Tetarhat P.S. Case No. 178 of 2024 instituted for the offences
under Sections 191(2), 191(3), 190, 126(2), 115(2), 329(4),
109(1), 118(1), 352, 351(2), 74 of the Bharatiya Nyaya Sanhita,
2023.
3. Prosecution case, in short, is that the petitioner
along with other accused persons, armed with deadly weapons,
assaulted the informant with intention to kill him, as a result of
which he sustained serious head injuries. It is further alleged
that when the informant’s family members intervened, they too,
were brutally assaulted by the accused persons.
4. Learned counsel for the petitioner submitted that
Patna High Court CR. MISC. No.90213 of 2025(3) dt.11-03-2026
2/3
the petitioner has falsely been implicated in the present case.
Learned counsel for the petitioner submitted that general and
omnibus allegation has been made against the petitioner. The
only specific allegation against the petitioner is that he assaulted
on the informant’s head due to which he sustained grievous
injuries. Learned counsel further submitted that, as a matter of
fact, there is admitted land dispute between the parties.
Chargesheet has been submitted in this case. Learned counsel
for the petitioner further submits that other co-accused has been
granted bail by this Bench vide order dated 29.07.2025 passed
in Cr. Misc. No. 24344 of 2025. It has been submitted on behalf
of the petitioner that the petitioner is in custody since
11.10.2025 and has one criminal antecedent.
5. Learned A.P.P. for the State has vehemently
opposed the prayer for grant of bail to the petitioner.
6. Considering the aforesaid facts and circumstances
of the case, as also claim based on parity and considering the
the period of custody undergone by the petitioner, this Court is
inclined to grant bail to the petitioner.
7. Let the petitioner be released on bail, after framing
of charge, if not already framed, on furnishing bail bonds of
Rs.10,000/- (Ten thousand) with two sureties of the like amount
Patna High Court CR. MISC. No.90213 of 2025(3) dt.11-03-2026
3/3
each to the satisfaction of Court below/concerned Court in
connection with Tetarhat P.S. Case No. 178 of 2024, subject to
the following conditions:
(I) One of the bailors shall be the petitioner’s own or
close member.
(II) The petitioner shall appear on each and every date
fixed during the trial and shall not remain absent on two
consecutive dates without sufficient cause.
(III) The petitioner shall not tamper with the
prosecution evidence or influence/intimidate any witness during
the course of trial.
In case of violation of any of the aforesaid conditions,
the Trial Court shall be at liberty to cancel the bail bonds of the
petitioner.
(Rudra Prakash Mishra, J)
manish/-
U T
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.