Shamshu Sah @ Shambhu Sah v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.46606 of 2023 Arising Out of PS. Case No.-763 Year-2020 Thana- NAWADA District- Nawada ====================================================== SHAMSHU SAH @ SHAMBHU SAH son of Late Sakur Sah VillageBhadauni Chhoti Dargah Ps- Nawada Nagar Town Dist- Nawada ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Arjun Prasad For the Opposite Party/s :
Mr.Pradeep Narain Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 11-08-2023 Heard learned counsel for the petitioner and learned counsel for the State.
Petitioner apprehends arrest in connection with Nawada (Nagar Nawada) P.S. Case No. 763 of 2020 registered for the offence under sections 363, 366A of the Indian Penal Code.
Learned counsel for the petitioner submits that petitioner has not committed any offence as alleged in the first information report and he has been falsely implicated in this case due to dirty village politics. The present first information report has been lodged after one week of the alleged occurrence without there being any plausible explanation for the delay. It is submitted that in the year 2004 the elder daughter of the informant fled away from the house and in that connection
Patna High Court CR. MISC. No.46606 of 2023(2) dt.11-08-2023 2/2 Nawada Nagar P.S. Case No. 217 of 2004 was lodged in which petitioner was made accused. It is further submitted that in the aforesaid case petitioner has been acquitted and as such the present false case has been lodged implicating the petitioner. Considering the facts and circumstances of the case and the submissions advanced on behalf of the parties, the petitioner, above named, is directed to be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Nawada in connection with Nawada (Nagar Nawada) P.S. Case No. 763 of 2020 subject to the conditions as laid down under section 438(2) of the Code of Criminal Procedure.
(Arvind Srivastava, J) mcv/- U T