Sushant Dhar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.61783 of 2023 Arising Out of PS. Case No.-680 Year-2021 Thana- NAWADA District- Nawada ====================================================== Sushant Dhar S/O Late Sachindhar Chandradhar Resident Of H.N. 85 Anand Ghat, P.S- Belghariya, Distt.- 24 Pargana.

... ... 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.Kalyan Shankar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 13-12-2023 Heard learned counsel for the petitioner and learned APP for the State.

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

3. As per FIR, it is a case of unnatural death of one Bhushan Rajbanshi due to consuming spurious liquor. And allegation against the petitioner is that he used to sell illegal spurious liquor.

4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. The petitioner is not named in the FIR and he has falsely been implicated in this present case merely

Patna High Court CR. MISC. No.61783 of 2023(3) dt.13-12-2023 2/2 on the basis of confessional statement of co-accused. The informant is not an eye witness of the alleged occurrence and there is no specific allegation levelled against the petitioner. It is further submitted that the petitioner is languishing in judicial custody since long.

5. Learned APP appearing for the State has vehemently opposed the prayer of Bail.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as judicial custody, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Nawada Town P.S. Case No. 680 of 2021 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Excise Judge-Ist, Nawada. (Sunil Kumar Panwar, J) manishkumar/- U T