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Patna High CourtCR. MISC./48671/2025allowed

Sukesh Rai @ Sukesh Kumar v. The State Of Bihar

2025-08-05Mr. Justice Ashok Kumar Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48671 of 2025 Arising Out of PS. Case No.-263 Year-2023 Thana- PARSA District- Saran ====================================================== 1.

Sukesh Rai @ Sukesh Kumar S/o Ashok Rai R/o vill - Parsauna, P.S. - Parsa, Distt.- Saran at Chapra 2.

Dashrath Rai @ Dashrath @ Dashrash S/o Natha Rai R/o vill - Parsauna, P.S. - Parsa, Distt.- Saran at Chapra ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Dewendra Narayan Singh, Advocate For the Opposite Party/s :

Mr. Satyendra Narayan Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 05-08-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The instant application for anticipatory bail has been filed by the petitioners apprehending their arrest in connection with Parsa P.S. Case No. 263 of 2023 instituted for the offence under Sections 302 and 201/34 of the Indian Penal Code.

3. The case of the prosecution is that the son of the informant has gone to his maternal uncle's village on 15.08.2023. On 16.08.2023, one Khushi Kumari informed informant's niece that the petitioner along with others have killed the son of the informant and the dead body has been concealed in a pond.

4. Learned counsel for the petitioners has submitted

Patna High Court CR. MISC. No.48671 of 2025(2) dt.05-08-2025 2/2 that the nature of allegation is general and omnibus and the post-mortem report will go to show that the Doctor has opined cause of death is Asphyxia due to drowning. The Doctor has found no ante-mortem injury on the person of the deceased.

5. Learned APP for the State has vehemently opposed the bail of the petitioners.

6. Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioners on bail. The petitioners are directed to surrender in the Court below within a period of four weeks from today and in the event of their arrest or surrender in connection with Parsa P.S. Case No. 263 of 2023, they will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) each of them with two sureties of the like amount each to the satisfaction of learned A.C.J.M.-IX, Saran at Chapra, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

7. Accordingly, the present bail application stands allowed.

(Ashok Kumar Pandey, J) durgesh/- U T