Shambhu Sah @ Shambhu Kumar Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26405 of 2025 Arising Out of PS. Case No.-453 Year-2024 Thana- SINGHESHWAR District- Madhepura ====================================================== Shambhu Sah @ Shambhu Kumar Sah Son of Late Siyaram Sah R/o villageJahat sabaila ward no 11, PS -Singheshwar, District -Madhepura ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Shiva Shankar Sharma, Advocate For the Opposite Party/s :

Mr. Renuka Ratnakar(App125) ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 30-07-2025 Heard learned counsel for the petitioner, learned APP for the State and perused the case diary.

2. The petitioner seeks bail in connection with Singheshwar P.S. Case No. 453 of 2024, instituted for the offences punishable under Sections 103(1), 3(5) of the Bharatiya Nyaya Sanhita, 2023 and Section 27 of the Arms Act.

3. The prosecution case, in short, is that the petitioner along with other co-accused persons have committed murder of informant's father by firearm.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. Charge-sheet has been submitted in this case. No incriminating material has been recovered from the conscious possession of the petitioner. Learned counsel for the petitioner

Patna High Court CR. MISC. No.26405 of 2025(3) dt.30-07-2025 2/2 also submits that the allegation against the petitioner is general and omnibus in nature and no specific allegation of firing has been attributed against the petitioner. The petitioner has been made accused in this case along with his entire family members and they happen to be close agnate of the informant. It is further submitted that specific allegation of firing is against co-accused, namely, Sanjay Sah. The petitioner is in custody since 16.11.2024 and has got one criminal antecedent.

5. Learned APP 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 and taking into account 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 on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Singheshwar P.S. Case No. 453 of 2024.

(Rudra Prakash Mishra, J) Rajorshi/- U T