Sushil Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33609 of 2025 Arising Out of PS. Case No.-220 Year-2023 Thana- DESARI District- Vaishali ====================================================== Sushil Kumar S/O Lal Babu Ray R/O Vill- Hardasbigha, Ps- Khusrupur, DistPatna ... ... Petitioner/s

Versus

The State Of Bihar Patna ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 50223 of 2025 Arising Out of PS. Case No.-220 Year-2023 Thana- DESARI District- Vaishali ====================================================== Geeta Devi W/O Lalbabu Rai Resident of Village- Raghopur East, Police Station- Jurawanpur, District- Vaishali, at present Village- Hardasbigha, Police Station- Khusrupur, District- Patna.

... ... Petitioner/s

Versus

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

(In CRIMINAL MISCELLANEOUS No. 33609 of 2025) For the Petitioner/s :

Mr. Ambuj Nayan Choubey, Adv For the Opposite Party/s :

Mr. Sanjay Singh, APP For the Informant Mr. Hemant Ray, Adv (In CRIMINAL MISCELLANEOUS No. 50223 of 2025) For the Petitioner/s :

Mr.Sanjay Kumar Singh For the Opposite Party/s :

Mr.Mohammed Arif ====================================================== CORAM: HONOURABLE MR. JUSTICE S. B. PD. SINGH ORAL ORDER 15-09-2025 Heard learned counsel for the petitioners, and learned APP for the State.

2. Both the bail applications are being heard together and disposed of by this common order.

3. The petitioners have filed the instant application

Patna High Court CR. MISC. No.33609 of 2025(5) dt.15-09-2025 2/3 for grant of regular bail in a case registered for the offences punishable under Sections 364, 302, 120B, 201/34 of the Indian Penal Code.

4. As per the FIR, the informant's son was missing from 30.05.2023 and on that day he made a call and told the informant that he had gone to his Birchandra Singh Patel College for attending examination but he did not return.

5. Learned counsel for the petitioner submits that petitioners are innocent and have been falsely implicated in this case. The petitioners are not named in the FIR and the FIR has been lodged against unknown. The name of the petitioners transpired in this case on the basis of confessional statement of Gita Devi. Learned counsel for the petitioners submits that pertaining to the same occurrence i.e. Salimpur P.S.Case No.125 of 2025 has been instituted on the basis of confessional statement of local chaukidar, on the recovery of dead body of Prabhat @ Nikhil and Suchita Kumari and in that case, both the petitioners have already been granted bail by co-ordinate Bench of this Court vide order dated 08.08.2025 passed in

Patna High Court CR. MISC. No.33609 of 2025(5) dt.15-09-2025 3/3 Cr. Misc. No. 48431 of 2025 annexed as Annexure- P-6. After completion of investigation charge sheet has been submitted against the petitioners. The petitioners are in custody since 19.07.2024.

6. Learned APP appearing on behalf of the State has vehemently opposed the prayer for bail of the petitioners.

7. Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case as well as period of custody, this Court is inclined to enlarge the petitioners on bail. The above named petitioners are directed to be enlarged on bail, in connection with Deshri P.S.Case No. 220 of 2023 on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge-VII, Vaishali at Hajipur. (S. B. Pd. Singh, J) N.K/- U T