Sakindra Mandal @ Sakindra Kumar Mandal @ Sikendra Mandal And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14966 of 2019 Arising Out of PS. Case No.-7 Year-2019 Thana- CHANAN District- Lakhisarai * ====================================================== 1.

SAKINDRA MANDAL @ SAKINDRA KUMAR MANDAL @ SIKENDRA MANDAL, Son of Gohan Mandal, Resident of VillageGopalpur Gumti Tola, P.S.- Chanan, District- Lakhisarai. 2.

Ravindra Mandal, Son of Gohan Mandal, Resident of Village- Gopalpur Gumti Tola, P.S.- Chanan, District- Lakhisarai. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Mrigendra Kumar For the Opposite Party/s :

Mr. Ram Sevak Choudhary ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 12-03-2019 Heard learned Counsel for the petitioners and learned APP for the State.

The petitioners are apprehending arrest in a case registered for the offences punishable under Sections 30(c) of the Bihar Prohibition and Excise (Amendment) Act, 2018 and under Section 3/13 of the Bihar Excise Mahua Flower Rules, 2006. The prosecution case is that from the house of the petitioner, 30 kgs. of Mahua flowers were recovered. It is submitted by learned counsel for the petitioner that the recovered Mahua flowers were for the purpose of feeding the cattles and apart from that

Patna High Court CR. MISC. No.14966 of 2019(2) dt.12-03-2019 2/2 no other incriminating equipment's which are used in making and selling of Mahua wine have been recovered from the house of the petitioner. A statement has been made in paragraph no. 3 of the petition that the petitioners are not having any criminal antecedent.

It is submitted by learned APP for the State that the recovery was made from the house of the petitioners. Considering the nature of recovery from the house of the petitioners, this court is not inclined to grant them anticipatory bail.

Accordingly, the prayer for anticipatory bail of the petitioners is rejected in connection with Chanan P.S. Case No.07 of 2019, pending in the Court of learned Addl. District and Sessions Judge-IInd-cum-Special Judge (Excise), Lakhisarai.

However, the learned Court below may consider the prayer for regular bail of the petitioners, if they surrender within a period of six weeks.

Accordingly, the present application is disposed of. (Dinesh Kumar Singh, J) Deepak/- U T