Patna High Court

CR. MISC./59420/2026 of Sushila Devi Vs The State of Bihar on 19 August 2026

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COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.59420 of 2026 Arising Out of PS. Case No.-104 Year-2025 Thana- Patarghat District- Saharsa ====================================================== Sushila Devi W/o Late Gopal Swarnkar R/o Village - Bathnaha, Ward no. 6, PS. - Patarghat, Dist.

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.59420 of 2026

Arising Out of PS. Case No.-104 Year-2025 Thana- Patarghat District- Saharsa ======================================================

Sushila Devi W/o Late Gopal Swarnkar R/o Village - Bathnaha, Ward no. 6, PS. - Patarghat, Dist. - Saharsa, Bihar.

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

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

Appearance :

For the Petitioner/s

:

Ms.Seema Kumari, Advocate

For the Opposite Party/s :

Mr. Binod Kumar, A.P.P

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

CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR

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ORAL ORDER

19-08-2026 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

2. The petitioner seeks regular bail in connection with S.T Case No. 142 of 2026 arising out of Patarghat P.S. Case No. 104 of 2025, for the offences punishable under Sections 103(1) and 61(2) of the Bharatiya Nyaya Sanhita, 2023.

3. The prosecution case, in brief, is that the informant’s son has been killed by the daughter-in-law of the informant and other co-accused persons.

4. The learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. Learned counsel for the petitioner further submits that the petitioner has clean antecedents and is in custody since 03.09.2025. The counsel lastly submits that the informant is not an eye witness of the incident and there is no direct evidence against the petitioner and that the cause of death is by hanging.

Patna High Court CR. MISC. No.59420 of 2026(2) dt.19-08-2026

5. The learned APP for the State opposed the prayer for bail of the petitioner.

6. Having heard the parties and taking into consideration that similarly situated co-accused has been granted bail by the co- ordinate Bench of this Court, let the above named petitioner be released on bail on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the likewise amount each to the satisfaction of learned Principal District & Session Judge, Saharsa in connection with Patarghat P.S. Case No. 104 of 2025, subject to the following conditions: (I) One of the bailors shall be the petitioner's own or close family member. (II) The petitioner shall co-operate in the process of trial. (III) The petitioner shall not tamper with the prosecution evidence or influence/intimidate any witness during the course of trial. (IV) The Petitioner shall not commit offence of a similar nature in future. In case of violation of any of the aforesaid conditions, the Trial Court shall be at liberty to cancel the bail bonds of the petitioner.

Bipin/- (Alok Kumar, J) U T

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