Saryu Bhuiyan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.72187 of 2018 Arising Out of PS. Case No.-547 Year-2016 Thana- BARACHATTI District- Gaya ====================================================== Saryu Bhuiyan, Son of Late Chander Bhuiyan, Resident of Village-Somya, P.S.-Barachatty, 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. Shyam Bihari Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 11-12-2018 Heard both sides.

The petitioner seeks bail in Barachatty P.S. Case No. 547 of 2016 registered under Section 30(d) of the Bihar Prohibition and Excise Act and Sections 2(E), 3, 5(B) and 18 of the Mahua Phool Act.

Three persons namely, Shambhu Bhuiyan, Shree Bhuiyan and Rajendra Kumar Bhuiyan were apprehended who disclosed that they had kept mahua flower on the house of different persons and on such, search was also made in the house of the petitioner from where 5 bags each containing 40 kgs. mahua flower were recovered. Petitioner is in jail since 20.08.2018.

Having considered the facts and nature of allegation made against the petitioner and the fact that petitioner has

Patna High Court Cr.Misc. No.72187 of 2018(2) dt.11-12-2018 2/2 already remained in jail for about four months, the petitioner, above named, be released on bail on furnishing bail bond of Rs.5,000/-(Rupees Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Special Judge(Excise Act), Gaya in connection with Barachatty P.S. Case No.547 of 2016.

(Prabhat Kumar Jha, J) Saurabh/- U T