Created by Fuzzy Cloud

Patna High Court

Sushila DeviversusThe State of Bihar

Decided
Disposal
REJECTED

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

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


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

Lawyer court records for this case

Associated through the court’s case reference.

For a signed copy suitable for filing, refer to the court's website.