Lakhan Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12711 of 2019 Arising Out of PS. Case No.-152 Year-2017 Thana- MAGADH UNIVERSITY District- Gaya ====================================================== Lakhan Yadav, aged about 41 years, Male, Son of Lala Yadav, Resident of Village Kharona, P.S. Magadh Vishwavidalaya, District- Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Kiran Sinha For the State :

Mr. Nand Kishore Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 01-03-2019 Heard both sides.

Petitioner apprehends his arrest in MagadhVishwavidalaya P.S. Case No.152 of 2017, registered under Section 414 of the Indian Penal Code and under Section 30(d) of Excise Act, 2016.

The S.H.O. of Magadh Vishvidayalaya Police Station alleged that a Maruti Van was intercepted on the information that Lakhan Yadav and Sunil Yadav were carrying Mahua flower. On such the vehicle was intercepted but the petitioner and Sunil Yadav managed to flee away.

Learned counsel for the petitioner submits that carrying of Mahua flower does not come within the Bihar Excise Act. Bihar Excise Mahua Flower Rules, 2006 prescribes that if a person keeps Mahua flower for purpose of preparing

Patna High Court CR. MISC. No.12711 of 2019(2) dt.01-03-2019 2/2 liquor, he has to obtain licence. It is submitted that similarly situated co-accused, Sunil Yadav has already been enlarged on anticipatory bail by a co-ordinate Bench of this Court vide order passed in Cr. Misc. No.43117 of 2018. The case of the petitioner stands on the same footing.

The learned Additional Public Prosecutor however, opposed the prayer for anticipatory bail.

Having considered the facts that the petitioner was not arrested along with the vehicle and similarly situated co-accused has already been enlarged on anticipatory bail, let petitioner, above named, in the event of his arrest or surrender before the court below within a period of four weeks from the date of receipt of this order, 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 Special Judge, Excise, Gaya in connection with Magadh Vishwavidalaya P.S. Case No.152 of 2017, subject to the conditions laid down under Section 438(2) Cr.P.C.

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