Dismissed¶22

Shambhu Sah v. The State of Bihar

Patna HC10 Jan 2025CR. MISC./56774/2024

Case brief

AI extract

What is this about?

Patna High Court, Cr. Misc. No.56774 of 2024, decided 10-01-2025 by Partha Sarthy, J — bail application REJECTED. Shambhu Sah v. The State of Bihar; Sahebganj P.S. Case No.217 of 2021; Ss. 302 & 34 IPC (murder by stabbing of informant's son); petitioner in custody since 7.2.2023; trial near conclusion with only Investigating Officer and doctor pending (trial Court report dt. 21.12.2024); grounds for refusal: petitioner an assailant of the deceased and trial nearing end; SSP Muzaffarpur directed to produce remaining prosecution witnesses.

What did the court decide?

The Court declined to enlarge the petitioner on bail because he was an assailant of the deceased and the trial had neared its conclusion. ¶22

Shambhu Sah Vs The State of Bihar — Murder and Culpable Homicide | Patna HC (2025)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.56774 of 2024

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Arising Out of PS. Case No.-217 Year-2021 Thana- SAHEBGANJ District- Muzaffarpur

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======================================================

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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

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====================================================== 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 ======================================================

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CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER

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7 10-01-2025

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Heard learned counsel for the parties.

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The petitioner has renewed his prayer for bail in connection with Sahebganj P.S. Case no.217 of 2021 registered

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under sections 302 and 34 of the Indian Penal Code.

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As per the prosecution case, the petitioner along

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with one another are said to have stabbed the son of the informant leading to his death.

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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.

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

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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.

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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.

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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.

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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.

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Let a copy of this order be communicated to the Senior Superintendent of Police, Muzaffarpur.

¶24

(Partha Sarthy, J)

Shambhu Sah v. The State of Bihar

Case brief

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Shambhu Sah v. The State of Bihar

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