Patna High Court
Sushila DeviversusThe State of Bihar
- Decided
- Disposal
- REJECTED
- Bench
- RAMESH CHAND MALVIYA
Holding
The Court held that in the absence of any fresh ground, the bail petition must be rejected.
Summary
The petitioner, Sushila Devi, is in custody for alleged offences under Sections 302 and 201/34 of the IPC relating to a murder case. She claims she has been falsely implicated due to local village politics and has been in custody since 11‑11‑2024. The petitioner sought bail, but the High Court had earlier rejected the bail application in Cr. Misc. No. 11268 of 2025. The State opposed the fresh bail plea, noting that the trial is progressing, with witnesses examined and the prosecution evidence closed, and that the trial is expected to conclude within four months. The Court observed that there are no fresh grounds to revisit the bail decision and consequently rejected the bail petition again. The order upheld the earlier denial of bail, keeping the petitioner in custody pending trial.
Issues considered
- Whether the petitioner is entitled to bail despite the pending trial and earlier bail rejection
- Whether there are any fresh grounds warranting a reconsideration of the bail application
Legislation cited
- Criminal Procedure Code — s. 313
- Indian Penal Code — s. 201, 302, 34
Subjects
- bail
- false implication
- political motive
- IPC murder
- CrPC Section 313
- trial proceedings
- custody
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.7787 of 2026
Arising Out of PS. Case No.-530 Year-2023 Thana- NAUTAN District- West Champaran
======================================================
Sushila Devi, Gender-Female, age about- 39 years, Wife of Jhunna Sah @
Buchun Sah @ Bachchan Sah @ Buchan Sah, Resident of Village- Ward no.
2, Laukaria, P.S.- Bairiya, Dist.- West Champaran.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Umesh Kumar Gupta, Advocate
For the Opposite Party/s : Mr. Nirmal Kumar Sinha, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND
MALVIYA
ORAL ORDER
4 18-03-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner is in custody in a case registered for
the offence punishable under Sections 302 and 201/34 of the
Indian Penal Code.
3. As per allegation in the FIR, the informant Khalid
Akhtar, SHO, Nautan P.S. stated that he got information that a
dead body of a man has found near the canal.
4. Learned counsel for the petitioner submits that
petitioner has falsely been implicated in this case and he has
been implicated in this case due to local village politics.
Petitioner is in custody since 11.11.2024. He next submits that
earlier the prayer for bail of this petitioner was rejected by this
Patna High Court CR. MISC. No.7787 of 2026(4) dt.18-03-2026
2/2
Court passed in Cr. Misc. No. 11268 of 2025 vide order dated
14.05.2025.
5. Learned APP for the State opposes the prayer for
bail of the petitioner and submits that the prayer for bail of this
petitioner was earlier rejected by this Court.
6. From perusal of the report of the learned trial Court
dated 21.02.2026, it appears that seven chargesheet witnesses
have been examined on 19.02.2026 and on the same day, the
prosecution evidence closed and fixed for statement under
Section 313 of the Cr.P.C. on 26.02.2026 and the trial of this
case is likely to be concluded within four months and there is no
fresh ground to reconsider the prayer for bail of this petitioner.
7. Accordingly, the prayer for bail of this petitioner is
again rejected.
(Ramesh Chand Malviya, J)
Brajesh Kumar/-
U T
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