Nitish Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.3780 of 2022 Arising Out of PS. Case No.-256 Year-2022 Thana- MADANPUR District- Aurangabad ====================================================== Nitish Kumar Son Of Sri Dinesh Chaudhary R/O Village- Khiriyawan, P.S.- Madanpur, District- Aurangabad ... ... Appellant/s

Versus

1.

The State Of Bihar 2.

Sharda Devi Wife Of Late Ashok Paswan @ Pappu Paswan R/O VillageKhiriyawan Thakur Tola, P.S.- Madanpur, District- Aurangabad ... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr.Bhaskar Shankar For the Respondent/s :

Mr.Binay Krishna ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 20-04-2023 Heard learned counsel for the appellant and learned Special P.P for the State.

The appellant has challenged the order dated 06.09.2022 passed by learned 1st Additional Sessions Judge, Aurangabad in connection with Madanpur P.S. Case No. 256 of 2022 instituted for the offences punishable under Sections 272, 273, 304, 120(B) of the Indian Penal Code and Sections 3(i)(a), 3(2)(v) of the SC/ST Act whereby his prayer for being released on bail has been rejected.

The prosecution case as per F.I.R. is that the

Patna High Court CR. APP (SJ) No.3780 of 2022(6) dt.20-04-2023 2/3 husband of the informant and some other persons lost their lives after consuming spurious liquor. The informant named a number of co-accused persons who were involved in manufacturing and selling of the spurious liquor.

It is submitted by learned counsel for the appellant that appellant is innocent and he has falsely been implicated in this case. He further submits that nothing has been recovered from the conscious possession of the appellant. He also submits that case is based on suspicion and hear-say. The investigation in this case is complete and charge-sheet has already been submitted. Moreover, other co-accused has already been enlarged on bail by a co-ordinate Bench of this Court vide order dated 19.01.2023 passed in Cr. App. (SJ) No. 3251 of 2022. The appellant is languishing in custody since 02.07.2022.

Learned Special P.P appearing on behalf of the State has vehemently opposed the prayer for bail of the

Patna High Court CR. APP (SJ) No.3780 of 2022(6) dt.20-04-2023 3/3 appellant.

Taking into account the aforesaid facts, this Court deems it appropriate to set aside the order dated 06.09.2022 passed by learned 1st Additional Sessions Judge, Aurangabad in connection with Madanpur P.S. Case No. 256 of 2022.

Accordingly, this appeal is allowed.

The appellant, above named, is directed to be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned learned 1st Additional Sessions Judge, Aurangabad in connection with Madanpur P.S. Case No. 256 of 2022.

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