Shambhu Sah @ Sambhu Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.66842 of 2024 Arising Out of PS. Case No.-270 Year-2023 Thana- JADIA District- Supaul ====================================================== Shambhu Sah @ Sambhu Sah S/o Shivsundar Sah @ Shyam Sunder Sah R/o vill - Parmanandpur, P.S. - Shrinagar, Distt. - Madhepura ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Kuldeep Kumar For the Opposite Party/s :

Mr. Ram Sumiran Rai ====================================================== CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER 06-08-2025 Heard learned counsel for the petitioner, learned APP for the State and learned counsel for the informant.

2. The petitioner seeks bail in a case registered for the offences punishable under Sections 302, 201, 120(B), 34 of the Indian Penal Code.

3. The case of the prosecution as disclosed in the FIR is that upon information that a dead body has been recovered near the canal in a very bad condition, the informant reached the place and found that his son had been assaulted with sharp cutting weapons and the entire narration in the FIR shows how brutally he has been murdered and thrown in the canal. It has further been alleged that some sharp cutting instruments and other articles were also found at the place of occurrence. It has also been alleged that a few days back, the deceased had disclosed to the informant that there was some dispute existing

Patna High Court CR. MISC. No.66842 of 2024(12) dt.06-08-2025 2/3 with the accused persons named in the FIR including the petitioner with regard to transaction of money. The informant, therefore, strongly suspected that his son had been called to their house and under a conspiracy, all the five named accused persons including the present petitioner had brutally assaulted the deceased and thrown his dead body in the canal.

4. Learned counsel for the petitioner submits that it would be apparent from the FIR itself that only a suspicion has been raised upon all the accused persons including the present petitioner. It is further submitted that there is no eye witness to the alleged occurrence. Further, it is pointed out that the occurrence had taken place on 01.11.2023 at 9:00AM in the morning whereas the FIR has been lodged on 02.11.2023 at 6:30PM without giving any plausible reason for the delay of about one day. It is further submitted that after completion of the investigation, the Investigating Officer has found no evidence against the petitioner but malafidely he has submitted the charge-sheet against the petitioner. Further, the petitioner was remanded in this case on 20.03.2024 and since then he is in custody.

5. Learned APP for the State and learned counsel appearing for the informant, however, vehemently oppose the

Patna High Court CR. MISC. No.66842 of 2024(12) dt.06-08-2025 3/3 grant of bail to the petitioner. Besides the fact that during the course of investigation, the petitioner has confessed his guilt, he has a criminal history of about seven cases. It has also been informed by the learned counsel for the informant with regard to the stage of the case, that out of 13 prosecution witnesses, 8 witnesses have already been examined.

6. Taking into consideration the rival contentions and also the brutal murder of the deceased coupled with the advanced stage of the case, I am not inclined to enlarge the petitioner on bail. Accordingly, the prayer for bail of the petitioner is rejected in connection with Jadiya P.S. Case No. 270 of 2023. It is however, directed that the case be finally concluded expeditiously.

(Soni Shrivastava, J) devendra/- U T