Patna High CourtCR. MISC./63504/2023allowed

Sushant Dhar v. The State Of Bihar

2023-12-19Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.63504 of 2023 Arising Out of PS. Case No.-602 Year-2020 Thana- NAWADA District- Nawada ====================================================== Sushant Dhar Son Of Late Sachchidanand Dhar Resident Of Village H N 85 Anand Ghat, Ps 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 19-12-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case instituted for the offence under Sections 30(a), 30(d), 30(i), 33, 41 and 52 of the Bihar Prohibition and Excise Act.

3. As per prosecution case, there has been recovery of 5000 liters of illegal spirit from a truck.

4. 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 Vidhan Kumar, which has got no evidentiary value in the eyes of law. He submitted that the petitioner has no concern either with the seized vehicle or

Patna High Court CR. MISC. No.63504 of 2023(3) dt.19-12-2023 2/2 with the spirit in question. No incriminating article has been recovered from the conscious possession of the petitioner. He is languishing in judicial custody since 22.12.2022.

5. The application for bail is opposed by learned APP for the State.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as period of custody, this court is inclined to enlarge the petitioner on bail after framing of charge, if not framed. 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 Exclusive Special Excise Judge 1st Nawada in connection with Nawada Town P.S. Case No. 602 of 2020.

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