Sushant Dhar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.45231 of 2024 Arising Out of PS. Case No.-387 Year-2021 Thana- NAWADA District- Nawada ====================================================== Sushant Dhar Son Of Sachindra Chandra Dhar @ Suchindra Dhar R/O Village- 85 Anandagar, P.S.- Belthariya, District- North 24 Pragana. West Bengal ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Pramod Kumar Verma For the Opposite Party/s :

Mr. Ram Sevak Choudhary ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 02-08-2024 Heard the learned counsel for the parties.

2. This is the 2nd attempt of the petitioner. Earlier the bail application of the petitioner was rejected vide order dated 13.12.2023 passed in Cr. Misc. No. 67267 of 2023.

3. The petitioner seeks regular bail in a case registered for the offence under Sections 33, 34, 36 of the Bihar Prohibition and Excise Act, 2016.

4. The following order was passed on 13.12.2023 passed in Cr. Misc. No. 67267 of 2023:- "Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks regular bail in connection with Nawada (Town) P.S. Case No. 387 of 2021 dated 03.04.2021, lodged under Sections 33, 34 and 36 of the Bihar Prohibition and Excise Act, 2016.

3. As per the prosecution case, country-

Patna High Court CR. MISC. No.45231 of 2024(2) dt.02-08-2024 2/2 made liquor was distributed among the people and on consuming the same, 15 persons have died. The petitioner is accused in 18 more cases.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He submits that there are 18 criminal antecedents of the petitioner and he isin custody since 27.02.2023. He further submits that there is no recovery from the petitioner and his name has come in this case by the confessional statement of the co-accused.

5. Learned A.P.P. for the State opposes the prayer for bail and submits that there are 18 criminal antecedents of the petitioner.

6. Considering the facts and circumstances of the case that 15 persons have died because of consuming spurious liquor and considering the fact that the petitioner is accused in 18 more cases, I am not inclined to grant bail to the petitioner even if some accused persons have been granted bail by the Co-ordinate Bench of this Court and therefore, the present bail application is hereby rejected.

7. The Trial Court is directed to expedite the trial as early as possible."

5. No ground for review is made out.

6. Accordingly, this application for regular bail is hereby rejected.

7. The court below is directed to expedite the trial of the petitioner.

(Sandeep Kumar, J) Shishir/- U T