Yogendra Sah @ Yogendra Kumar Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.12471 of 2016 Arising Out of PS.Case No. -16 Year- 2015 Thana -GOVERNMENT OFFICIAL COMP. DistrictPATNA ====================================================== Yogendra Sah @ Yogendra Kumar Sah son of late Ramdhani Sah. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Satish Chandra, Adv. For the Opposite Party/s : Mr. Anusaiya Jaiswal(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 16-03-2016 Heard learned counsels for the petitioner and the State. The petitioner is apprehending arrest in a case registered for the offences punishable under Sections 47(F) and 13(F) of the Bihar Excise Act and under Rules 2(a) and 3 of The Bihar Excise (Mahua Flowers) Rules, 2006.

From the shop of the petitioner, 13 quintals 50 Kgs Mahua flower kept in 27 bags were recovered.

It is submitted by learned counsel for the petitioner that that for the recovery made on 28.09.2015, the prosecution report was transmitted to the learned court below on 09.10.2015 which clouds the bona fide of the prosecution. A statement has been made in para 3 of the petition that the petitioner has no criminal antecedent.

Delayed transmission of the prosecution report to the

Patna High Court Cr.Misc. No.12471 of 2016 (2) dt.16-03-2016 2/2 learned court below constitutes good ground for consideration of prayer for regular bail.

Let the learned court below consider the prayer for regular bail of the petitioner if he surrenders within a period of six weeks in connection with Case No. 16(2) of 2015 pending in the court of learned SDJM, Masaurhi at Patna.

Accordingly, the application is disposed of.

(Dinesh Kumar Singh, J) Amrendra/- U T