Abhay Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.25392 of 2018 Arising Out of PS. Case No.-595 Year-2017 Thana- MASAURHI District- Patna ====================================================== Abhay Kumar S/o Late Ajay Singh, R/o Vill.- Hasadih, P.S.- Masaurhi, District- Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Md. Sufiyan ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR ORAL ORDER 04-07-2018 Heard learned counsel for the petitioner and the learned APP for the State.

Petitioner, already in custody, seeks bail in connection with Masaurhi P.S. Case No.595 of 2017, giving rise to Special Case No.8685 of 2017, registered under Sections 2, 3 and 4 of Mahua Flower Control Act.

Allegation in brief is that 1280 Kgs. of Mahua Flower was recovered from the poultry farm of the petitioner. Learned counsel for the petitioner submits that the poultry farm was not run by the petitioner but it was given on rent and being run by one Rakesh Kumar, another co-accused, and he has been admitted to bail by this Court vide order dated 02.04.2018 passed in Cr. Misc. No.18825 of 2018; whereas the learned counsel for the State submits that recovery

Patna High Court Cr.Misc. No.25392 of 2018(4) dt.04-07-2018 2/2 of Mahua Flower was made from the premises of the petitioner, the poultry farm, and it was revealed during investigation. Having considered the huge quantity of recovery from possession of the premises of the petitioner, presently the prayer of bail of the petitioner is rejected.

However, he may renew his prayer of bail after six months, if the trial is not concluded.

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