Sushant Dhar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12240 of 2023 Arising Out of PS. Case No.-681 Year-2021 Thana- NAWADA District- Nawada ====================================================== SUSHANT DHAR Son of Late Sachindra Chandra Dhar Resident of 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.Binod Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 16-05-2023 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, 36 of the Bihar Prohibition and Excise Act.

As per prosecution case, the husband of the informant namely, Om Prakash Prasad @ Om Prakash Singh@ Tota Singh died after taking spurious liquor and the same was purchased by unknown person.

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. The name of the petitioner has come into light, on the basis of confessional statement of co-accused and he stated that

Patna High Court CR. MISC. No.12240 of 2023(3) dt.16-05-2023 2/2 petitioner used to sale sticker/Hologram in respect of illegal trading, selling and manufacturing of the liquor, which has got no evidentiary value in the eyes of law. No incriminating article has recovered from the conscious possession of the petitioner. Petitioner is neither manufacturer nor seller/supplier of the liquor. 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, 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 below in connection with Nawada Town P.S. Case No. 681 of 2021.

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