Shambhu Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.56774 of 2024 Arising Out of PS. Case No.-217 Year-2021 Thana- SAHEBGANJ District- Muzaffarpur ====================================================== Shambhu Sah S/o Pannalal Sah R/o vill - Pratap Patti, ward no. 10, P.S. - Sahebganj, Distt.- Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Alok Kumar Alok, Advocate For the Opposite Party/s :

Mr. Umanath Mishra, APP For the Informant : Mr. Rakesh Ranjan, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 10-01-2025

1. Heard learned counsel for the parties.

2. The petitioner has renewed his prayer for bail in connection with Sahebganj P.S. Case no.217 of 2021 registered under sections 302 and 34 of the Indian Penal Code.

3. As per the prosecution case, the petitioner along with one another are said to have stabbed the son of the informant leading to his death.

4. Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the case. Inspite of his having remained in custody since 7.2.2023, the trial has still not concluded. He undertakes to cooperate in the trial and to abide by the conditions which may be laid by this Court for his release on bail.

Patna High Court CR. MISC. No.56774 of 2024(7) dt.10-01-2025 2/2

5. The application for bail is opposed by learned A.P.P. for the State and learned counsel for the informant. Learned counsel for the informant submits that the petitioner along with one another are the assailants of the deceased and the trial is near conclusion with only the Investigating Officer and the doctor remaining to be examined.

6. A report was called for from the learned trial Court. As per the report received contained in letter dated 21.12.2024 of the District and Additional Sessions Judge XVI, Muzaffarpur, the doctor and the Investigating Officer remain to be examined.

7. It is directed that the Senior Superintendent of Police, Muzaffarpur shall ensure the appearance of the remaining prosecution witnesses before the trial Court at the earliest.

8. In view of the facts and circumstances of the case and the petitioner being the assailant of the deceased together with the trial having neared its conclusion, the Court is not inclined to enlarge the petitioner on bail and the application is rejected.

9. Let a copy of this order be communicated to the Senior Superintendent of Police, Muzaffarpur. (Partha Sarthy, J) Saurabh/- U T