Vijay Sao v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.42795 of 2015 Arising Out of PS.Case No. -11 Year- 2014 Thana -GOVERNMENT OFFICIAL COMP. DistrictGAYA ====================================================== Vijay Sao Son of Late Gyan Chand Sao Resident of Village + P.O. Khizarsarai, P.S. ............................., District - Gaya. .... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Satya Veer For the Opposite Party/s : Mr. Amrendra Prasad(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 02/ 13-10-2015 Heard learned counsels for the petitioner and the State.

The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 47(f), 48, 13(f) of the Excise Act and sections 2(c), 3, 5(b), 18 of Bihar State Mahua Flower Rules, 2006.

The prosecution case is that 200 kgs.

Mahua flowers recovered from the shop of the petitioner. It is submitted by learned counsel for the petitioner that the recovery was not actually made from the shop of the petitioner rather it was made adjacent to the shop of the petitioner. It is further submitted that for the recovery made on

Patna High Court Cr.Misc. No.42795 of 2015 (2) dt.13-10-2015 2/2 12.04.2014 the prosecution report was transmitted to the learned CJM on 14.05.2014.

A statement has been made in paragraph 3 of the petition that the petitioner has no criminal antecedent. The aforesaid facts constitute ground for consideration of prayer for regular bail, if the petitioner surrenders before the learned court below within a period of six weeks from today in connection with Excise Case No. 11 of 2014 pending in the court of learned Judicial Magistrate, Ist Class, Gaya.

With the aforesaid observation, this application is disposed of.

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