Shambhu Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15832 of 2021 Arising Out of PS. Case No.-1 Year-2019 Thana- NAUTAN District- West Champaran ====================================================== SHAMBHU SAH Son of Late Mahanth Sah @ Mohan Sah Resident of Village- Dhumnagar, Purvi Tola, P.S.- Nautan, District- West Champaran at Bettiah.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Setu Prateek, Advocate For the Opposite Party/s :

Mr. Jitendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 27-08-2021 Heard learned counsel for the parties through video conferencing.

The petitioner has preferred this application for grant of regular bail in a case registered under section 307 and other sections of the Indian Penal Code.

As per allegations in the FIR, the seven named accused persons including the petitioner herein are stated to have come variously armed. The petitioner gave a farsa blow on the head of the informant while other accused persons assaulted the informant and others.

It is submitted by learned counsel for the petitioner that the allegations as levelled in the FIR are false and concocted. The injury report of the informant does not support

Patna High Court CR. MISC. No.15832 of 2021(3) dt.27-08-2021 2/2 the allegations levelled in the FIR in so far as the injury is said to have been caused by hard and blunt substance. The petitioner is in custody since 28.11.2020 and investigation in the case has concluded. It is further submitted that the FIR named coaccused Yogendra Sah, Krishna Prasad, Gita Devi and Pratima Devi have been enlarged on anticipatory bail vide order dated 10.6.2021 passed in Cr. Misc. no. 15105 of 2021. Heard learned APP for the State.

Having heard learned counsel for the parties and taking into consideration the contents of the injury report together with the petitioner having remained in custody since 28.11.2020, the Court directs the petitioner to be enlarged on bail in connection with Nautan (Jagdishpur) P.S. Case no. 1 of 2019 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Bettiah, West Champaran.

(Partha Sarthy, J) Prakash/- U