Patna High CourtCR. MISC./31150/2015disposed

Ajay Sao v. The State Of Bihar

2015-07-22Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.31150 of 2015 ====================================================== Ajay Sao S/o Bhagwan Sao Resident of village - Naya Tola Suryapura, P.S. Suraj Garha, District - Lakhisarai .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ram Sumiran Singh For the Opposite Party/s : Mr. Yogendra Kr. Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 02/ 22-07-2015 The present application has been filed for modification of order dated 16.02.2015 passed in Cr. Misc. No. 6165 of 2015.

The petitioner was granted anticipatory bail in Case No. 92C2 of 2014 registered under various sections of the Bihar State Mahua Flower Act and the provisions of Excise Act. The recovery is of 900 kgs. of Mahua Flower from a Tata Bikram vehicle.

Anticipatory bail was granted to the petitioner on statement that the petitioner neither owns the seized Mahua Flower nor the owner of the vehicle. The bail bond of the petitioner was directed to be accepted by the learned court below on verification of the owner book of the vehicle in question that it

Patna High Court Cr.Misc. No.31150 of 2015 (2) dt.22-07-2015 2/2 is not registered in the name of the petitioner. Now the present application has been filed for modification to the extent that it was wrongly submitted that petitioner was not owner of the vehicle rather the petitioner is the owner of the vehicle in question.

In view of the above facts, this Court is not inclined to entertain the present modification application. Let the learned court below consider the prayer for regular bail of the petitioner, if he surrenders before the learned court below within a period of six weeks from today in connection with Case No. 92C2 of 2014 pending in the court of learned Chief Judicial Magistrate, Lakhisarai. Accordingly, this modification application is disposed of.

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