Shiv Pal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.10785 of 2020 Arising Out of PS. Case No.-330 Year-2019 Thana- NAVINAGAR District- Aurangabad ====================================================== Shiv Pal, aged about 58 years, Male, Son of Late Devnandan Bhagat, Resident of Village - Mahtha, P.S.- Barun, Dist.- Aurangabad. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sudhir Kumar Sinha For the Opposite Party/s :

Mr.Kanhaiya Kishore ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 28-02-2020 Heard both sides.

The petitioner seeks bail in Nabinagar P.S. Case No.330 of 2019, registered under Section 30(a) of the Bihar Prohibition and Excise Act.

The petitioner is not named in the FIR. One Tata Magic vehicle was intercepted and about 440 litres of liquor was recovered from the vehicle. Arvind Paswan, the driver of the vehicle, disclosed that the vehicle and the liquor are owned by Neeraj Yadav but the petitioner has been made accused in this case only because the owner book of the vehicle stands in the name of the petitioner.

It is submitted that the petitioner had already transferred the vehicle in the name of Neeraj Yadav much prior to the occurrence but owner book was not transferred.

Patna High Court CR. MISC. No.10785 of 2020(2) dt.28-02-2020 2/2 Considering the facts that the petitioner is the owner of the vehicle and the driver of the vehicle from whose possession the vehicle and huge quantity of liquor was recovered disclosed that the vehicle and the liquor are owned by Neeraj Yadav, petitioner, namely, Shiv Pal is directed to be enlarged on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge-VII-cumSpecial Judge (Excise), Aurangabad in connection with Nabinagar P.S. Case No.330 of 2019.

(Prabhat Kumar Jha, J) S.KUMAR/- U T