Shiv Narain Sao v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.73113 of 2019 Arising Out of PS. Case No.-341 Year-2019 Thana- RAJAOLI District- Nawada ====================================================== SHIV NARAIN SAO Son of Dukhi Sao Resident of Village - Fulwaria, P.S.- Nawalsahi, District- Kodarma (Jharkhand) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Devendra Prasad Singh For the Opposite Party/s :

Mr.Ram Anurag Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 18-12-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has filed the instant application for grant of bail in connection with Rajauli P.S. Case No. 341 of 2019 (District-Nawada) registered for the offence punishable under sections 30(a) and 41 of the Bihar Prohibition and Excise Act, 2016.

As per the allegation in the FIR, on checking of Scorpio being driven by this petitioner 165 litres of IMFL was recovered from the vehicle.

It is submitted by learned counsel for the petitioner that the petitioner was the driver of the vehicle and the vehicle was hired by other persons and he did not know about the contents of the goods being loaded. It is further submitted that

Patna High Court CR. MISC. No.73113 of 2019(3) dt.18-12-2019 2/2 the other F.I.R. named accused who was also caught at the place of occurrence has been enlarged on bail. The petitioner is in custody since 21.1.2019, the investigation has concluded, chargesheet has been submitted and the petitioner has no criminal antecedent.

The application for bail was opposed by learned APP for the State.

Having heard learned counsel for the parties and taking into consideration the fact that the investigation has concluded, chargesheet has been submitted and the petitioner has no criminal antecedent, the Court is inclined to enlarge the petitioner on bail. Let the petitioner above named be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional District Judge-II, Nawada in connection with Rajauli P.S. Case No. 341 of 2019 (DistrictNawada). (Partha Sarthy, J) Bibhash/- U T