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

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.66873 of 2025 Arising Out of PS. Case No.-78 Year-2025 Thana- SAUR BAZAR District- Saharsa ====================================================== Shambhoo Sah @ Shambhoo Sah @ Shambhu Sah Son of Durbal Sah Resident of Ward No.- 06 Indarwa, P.S.- Saur Bazar, District - Saharsa. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Amarnath Jha, Advocate For the Opposite Party/s :

Mr. Narsingh Tanti, A.P.P.

For the Informant :

Mr. Satya Prakash Parasar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 23-09-2025 Heard learned counsel for the petitioner, informant and the State.

2. Petitioner apprehends arrest in a case registered for the offences punishable under Sections 126(2), 115(2), 109, 74, 302(2), 352, 3(5) of the Bharatiya Nyaya Sanhita to which Section 103(1) of the Bharatiya Nyaya Sanhita was added later on.

3. As per prosecution case, on 11.03.2025 at about 8 a.m., all the F.I.R. named accused persons, including this petitioner, assaulted informant, his father, wife and other family members by means of farsa, iron rod, etc. Father of the informant died during treatment.

4. Learned counsel for the petitioner submits that

Patna High Court CR. MISC. No.66873 of 2025(2) dt.23-09-2025 2/2 petitioner is innocent and has committed no offence. Petitioner is not assailant of the deceased. Petitioner is only alleged to have assaulted other family members. Case and counter case. Allegation of assault is general and omnibus. Petitioner claims clean antecedent.

5. Learned A.P.P. for the State as well as learned counsel for the informant vehemently opposed the bail application.

6. Considering backdrop of the case, nature of accusation and clean antecedent, this anticipatory bail is allowed and it is ordered that let the above named petitioner in the event of his arrest/surrender before the court below within a period of eight weeks from today, be enlarged on bail on furnishing bailbond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Saharsa in connection with Saur Bazar P. S. Case No. 78 of 2025, subject to condition as laid down under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023. (Prabhat Kumar Singh, J) Navya/- U T