Patna High CourtCR. MISC./55421/2017bail granted

Saresh Kumar And ANR v. The State Of Bihar

2017-11-17Mr. Justice Rakesh Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No. 55421 of 2017 Arising Out of PS. Case No.-418 Year-2017 Thana- Government Official Comp. DistrictGaya ======================================================

1. Saresh Kumar Son of Hulas Yadav

2. Ankit Kumar Son of Kailash Yadav Both Resident of Village-Kothwara, P.S.-Dobhi, District-Gaya. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Shivendra Prasad For the Opposite Party/s :

Mr. Umesh Lal Verma ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 2.

17-11-2017 Heard Sri Shivendra Prasad, learned counsel for the petitioners and learned Addl. Public Prosecutor. Two petitioners, who are in custody since 26-09-2017 on accusation of recovery of about 50 kg. of Mahua flowers, have prayed for grant of bail in Excise Case No. 418 of 2017 registered for offence under Section 30(d) of the Bihar Prohibition and Excise Act, 2016 and Section 2(e), 3, 5 and 13 of Bihar Mahua Flower Rules, 2006.

It was submitted by learned counsel for the petitioners that petitioners have falsely been implicated in the case. It has been argued that both the petitioners have got no connection with the tempo, from which, recovery of Mahua flowers was shown. Learned counsel for the petitioners has drawn my

Patna High Court Cr.Misc. No.55421 of 2017(2) dt.17-11-2017 2/2 attention to statement made in paragraph - 3 of the petition to show that petitioners are having clean antecedent. Considering the nature of accusation, clean antecedent as well as period of custody, let both petitioners namely Saresh Kumar and Ankit Kumar be enlarged on bail on furnishing bailbond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise, Gaya in connection with Excise Case No. 418 of 2017.

(Rakesh Kumar, J.) anay U T