Shambhu Sah v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No. 58166 of 2025 Arising Out of PS. Case No.-51 Year-2024 Thana- SATHI District- West Champaran ====================================================== Shambhu Sah S/o Late Radha Kishun Sah R/o Village- Samhauta, P.S.- Sathi, District- West Champaran ... ... Petitioner
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner/s :
Mr. Sharad Kumar Verma, Adv.
For the Opposite Party/s :
Mr. Amitesh Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 03-11-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. In the present case, the petitioner seeks bail in connection with Sathi P.S. Case No. 51 of 2024 registered for the offences under Sections 341, 323, 326, 307, 504, 506/34 of the Indian Penal Code.
3. As per the prosecution case, the informant was set on fire by the petitioner and other co-accused persons in the background of some matrimonial dispute as the petitioner is the father-in-law of the deceased informant and other co-accused persons are his wife and brother-in-law. The occurrence took place in the background of the suspicion of the informant about illicit relationship of his co-accused wife with co-accused brother-in-law.
4. Learned counsel appearing on behalf of the petitioner submits that petitioner is innocent and has been falsely implicated in this case. The police investigated the matter and submitted the
Patna High Court CR. MISC. No. 58166 of 2025(3) dt.03-11-2025 2/3 charge-sheet under Section 306/34 of theh IPC and it shows that the informant committed suicide as the deceased suspected that his wife was having illicit relationship with her brother-in-law. The informant poured petrol on his body and set himself on fire in his matrimonial home where he went to bring back his wife. But, subsequently, implicated the petitioner and other co-accused persons. The specific allegation against Amit Kumar is that he lit the fire on the informant but the parents of the deceased have been examined before the learned Trial Court and they did not support the prosecution case and rather stated that the in-laws of their deceased son brought him to the hospital for treatment. Learned counsel further submits that, moreover, general and omnibus allegation are levelled against the petitioner and other co-accused persons. The petitioner has no criminal antecedent and is in custody since 04.12.2024. The charge-sheet has been submitted.
5. Learned A.P.P. appearing for the State opposes the submission made on behalf of the petitioner.
6. Having regard to the fact and circumstances and submission made on behalf of the parties and considering the clean antecedent of the petitioner, period of custody and submission of charge-sheet under Section 306 of IPC, the petitioner is directed to be released on bail, on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand Only) each with two sureties of the like
Patna High Court CR. MISC. No. 58166 of 2025(3) dt.03-11-2025 3/3 amount each to the satisfaction of learned Judicial Magistrate - 1st Class, Bettiah, West Champaran in connection with Sathi P.S. Case No. 51 of 2024, subject to the condition laid down under Section 480(3) of the BNSS and other following conditions: (i) One of the bailors will be a close relative of the petitioner.
(ii) The petitioner will remain present on each and every date fixed by the court below, if so required by the learned trial court.
(iii) In case of absence on three consecutive dates or in violation of the terms of the bail, the bail bond of the petitioner will be liable to be cancelled by the court concerned.
(Arun Kumar Jha, J) Siddharth Soni/- U