Sushant Dhar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.22887 of 2023 Arising Out of PS. Case No.-745 Year-2021 Thana- NAWADA District- Nawada ====================================================== Sushant Dhar s/o late Sachindra Chandra Dhar R/o Mohalla 85 Anandghar, Belghariya, North 24 Pargana, District- West Bengal (kolkata) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Gauri Shankar Prasad For the Opposite Party/s :

Mr.Indu Kumari Srivastava ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 19-07-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case instituted for the offence under Sections 33, 34 and 36 of the Bihar Prohibition and Excise Act.

As per prosecution case, one Shiv Shankar Yadav died due to drinking of spurious liquor, which he had purchased from an unknown person on the occasion of Buddwa Holi. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. He has committed no offence. Petitioner is not named in the FIR and the same has been lodged against unknown person. From the perusal of the impugned order, it appears that the only allegation against the petitioner in this case is that the petitioner has been

Patna High Court CR. MISC. No.22887 of 2023(3) dt.19-07-2023 2/3 made accused on the statement of co-accused Vidhan Yadav that the he used to sale stickers (Hologram) but nothing incriminating article has been recovered from the house of Kolkata or his possession. It is also submitted by learned counsel for the petitioner that a Fardebayan of the deceased's father has been recorded, in which he said that the deceased has eaten too much food and due to sudden illness, he died. The petitioner had been remanded in Nawada Town P.S. Case No. 385 of 2021 under Section 33, 34, 36 of the Bihar Prohibition and Excise Act in which the petitioner was also granted bail by this Hon'ble Court vide order dated 21.09.2022 passed in Cr. Misc. No. 40795 of 2022. He is languishing in judicial custody since 28.02.2022.

The application for bail is opposed by learned APP for the State.

Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as period of custody, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Court concerned in connection with

Patna High Court CR. MISC. No.22887 of 2023(3) dt.19-07-2023 3/3 Nawada Town P.S. Case No. 745 of 2021.

(Sunil Kumar Panwar, J) arish/- U T