Sushil Mishra @ Sushil Kumar Mishra v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.74768 of 2024 Arising Out of PS. Case No.-288 Year-2024 Thana- SUPAUL District- Supaul ====================================================== 1.

Sushil Mishra @ Sushil Kumar Mishra Son of Late Beda Nand Mishra @ Bedanand Mishra R/o Village Parshrama (Parsrama) Ward No. 3, P.S. and District- Supaul.

2.

Navina Devi @ Nabina Devi Wife of Sri Sushil Mishra @ Sushil Kumar Mishra R/o Village Parshrama (Parsrama) Ward No. 3, P.S. and DistrictSupaul. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Manish Kumar No.13, Advocate.

For the Opposite Party/s :

Mr. Ram Bilash Roy Raman, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 18-12-2024 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners seek regular bail in connection with Supaul P.S. Case No.288 of 2024, registered for the offences punishable under Sections 302, 201, 120-B/34 of the Indian Penal Code.

3. As per the prosecution case, the father of informant was missing from home for a week as he live alone at home and the informant and his mother lives at Delhi. It is stated that he was informed by the co-villagers about missing of his father thereafter he came and started search of his father but could not traced out him. It is stated that on the morning there was a bad

Patna High Court CR. MISC. No.74768 of 2024(3) dt.18-12-2024 2/3 smell from the toilet of under construction house and on suspicion the land was excavated by the Police and found the dead body of father of informant without head which was packed in sack. It is alleged that co-accused Ashok Kumar Mishra who is son of petitioners had earlier threatened to kill and dispose of the dead body of victim and when excavation work started, petitioners alongwith his family fled away from there.

4. Learned counsel for the petitioners submits that the petitioners are innocent and have been falsely implicated in this case on the basis of suspicion only. He further submits that there is no material against the petitioners for their involvement in the offence. Learned counsel submits that the co-accused Ashish Kumar Mishra in his confessional statement has not disclosed any role of petitioners in the offence. He further submits that petitioner no.1 is an old person aged about 66 years and petitioner no.2 is a woman aged about 59 years both having no criminal antecedent and they are in custody since 02.05.2024. He also submits that charge sheet has already been filed in this case and petitioners undertake to cooperate in the investigation.

5. Learned APP for the State has opposed the prayer for regular bail of the petitioner.

Patna High Court CR. MISC. No.74768 of 2024(3) dt.18-12-2024 3/3

6. Considering the facts and circumstances of the case and the submissions of learned counsel for the parties, let the petitioners, above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Supaul in connection with Supaul P.S. Case No.288 of 2024.

(Sunil Dutta Mishra, J) Ritik/- U T