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Patna High CourtCR. MISC./21378/2020allowed

Ramakant Yadav v. The State Of Bihar

2020-07-02Mr. Justice Chakradhari Sharan Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21378 of 2020 Arising Out of PS. Case No.-21 Year-2020 Thana- GOVERNMENT OFFICIAL COMP. District- Banka ====================================================== RAMAKANT YADAV Son of Pravin Yadav Resident of Village - Sarha More, P.S.- Bounsi, District - Banka.

... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Ajay Mukherjee For the Opposite Party/s :

Mr. Ranjit Ranjan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 02-07-2020 Heard learned counsel for the parties.

This application for grant of regular bail arises out of Excise Complaint Case No. 21 of 2020 registered for the offence punishable under Section 30(a) of Bihar Prohibition and Excise (Amendment) Act, 2018 and Section 3 of Flower of Mahua Act, 2016.

As per the prosecution report, from the petitioner's possession, 150 Kg. of Mahua flower was recovered, allegedly, when he was carrying the same in a bicycle.

Learned counsel appearing on behalf of the petitioner has submitted that it is difficult to believe that such huge quantity of Mahua flower can be carried in a bicycle. He has also submitted that the petitioner has no criminal antecedent, who is in custody since 04.03.2020.

Patna High Court CR. MISC. No.21378 of 2020(2) dt.02-07-2020 2/2 It may be noted that Mahua flower is used for preparation of Mahua wine.

Be that as it may, considering the fact that the petitioner has no criminal antecedent and he is in custody since 04.03.2020, this application is allowed.

Let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge-II, Banka, in Excise Complaint Case No. 21 of 2020.

(Chakradhari Sharan Singh, J) Pawan/- U T