Shiv Shankar Sahu v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.2925 of 2025 Arising Out of PS. Case No.-294 Year-2024 Thana- GHANSHYAMPUR District- Darbhanga ====================================================== Shiv Shankar Sahu Son of Sri Domi Sahu resident of village-Narma, PSAlinagar, District- Darbhanga ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ajay Kumar Thakur, Advocate Ms. Vaishnavi Singh, Advocate Mr. Pravin Kumar, Advocate For the Opposite Party/s :

Md. Anzarul Haque Sahara, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 11-04-2025

1. Heard learned counsel for the parties.

2. The petitioner has preferred this application for grant of regular bail in connection with Ghanshyampur P.S. Case no.294 of 2024 registered under sections 103(1) and 3(5) of the Bharatiya Nyaya Sanhita.

3. As per the prosecution case, the seven named accused persons including the petitioner herein are said to have come variously armed with iron rod etc. It is stated that they started to abuse the informant's father. On protest, it is stated that Govind Sahu and Ram Babu Sahu assaulted the informant's father with an iron rod with an intention to kill as a result of which he fell down injured. On being taken to the Government hospital, he was referred to the D.M.C.H. where the doctor

Patna High Court CR. MISC. No.2925 of 2025(3) dt.11-04-2025 2/3 declared him dead. It is further stated that the other accused persons also participated in the occurrence.

4. Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the case. Though the petitioner is named in the FIR however the allegations so far as the petitioner is concerned, are general and omnibus in nature. The specific allegation of assault in the FIR on the informant's father is on Govind Sahu and Ram Babu Sahu and not the petitioner herein. The petitioner is in custody since 11.10.2024 and chargesheet has been submitted in the case.

5. The application for bail is opposed by learned A.P.P. for the State.

6. Having heard learned counsel for the parties and taking into consideration the allegations against the petitioner in the FIR, the specific allegation of assault on the informant's father leading to his death being on Govind Sahu and Ram Babu Sahu and not on the petitioner herein together with the petitioner having remained in custody for 6 months since 11.10.2024 and chargesheet having been submitted in the case, the Court directs the petitioner to be enlarged on bail in connection with Ghanshyampur P.S. Case no.294 of 2024 on furnishing bail bond of Rs.10,000/ (Rupees Ten Thousand) with two sureties of

Patna High Court CR. MISC. No.2925 of 2025(3) dt.11-04-2025 3/3 the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate II, Biraul, Darbhanga. (Partha Sarthy, J) Saurabh/- U T