Sushant Dhar @ Sushanta Dhar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33135 of 2023 Arising Out of PS. Case No.-403 Year-2021 Thana- NAWADA District- Nawada ====================================================== Sushant Dhar @ Sushanta Dhar Son Of Late Sachindra Chandra Dhar @ Late Sachindra Mohalla 85 Anandghar, Belghariya ,North 24 Pargaana, Dist -West Bengal ... ... Petitioner

Versus

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

For the Petitioner/s :

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

Mr.Manoj Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 24-05-2023 Learned counsel for the petitioner is permitted to remove defect (s), as pointed out by the office, if any, within a period of four weeks on resumption of physical mode. Heard learned counsel for the petitioner and learned A.P.P for the State.

The petitioner has preferred this application for grant of regular bail in connection with Nawada Town P.S Case No. 403/2021 dated 06.04.2021 registered for the offences punishable u/s 30(a)(b)(c)(d) of Bihar Prohibition and Excise Act, 2016.

As per the prosecution case, total 200 ml Jharkhand made liquor was recovered from the possession of the petitioner. Learned counsel for the petitioner has submitted that

Patna High Court CR. MISC. No.33135 of 2023(2) dt.24-05-2023 2/2 the petitioner is innocent and has falsely been implicated in this case. No liquor or incriminating material was seized from the possession of the petitioner. The petitioner is not named in the F.I.R. The name of the petitioner has sprung up in the confessional statement of Vidhan Kumar during the course of investigation. The petitioner is accused in 8 other criminal cases as stated in para 3 of the bail petition. The petitioner is in custody since 07.01.2023.

Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Nawada in connection with Nawada Town P.S. Case No. 403/2021.

The application stands allowed.

(Chandra Prakash Singh, J) Atul/- U T