Malo Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.2064 of 2019 Arising out of PS. Case No.-2183 Year-2018 Thana- GOVERNMENT OFFICIAL COMP. District- Gaya ====================================================== Malo Devi, W/o Radhe Shyam Sav, resident of village-Bara Gendhar, P.S. Muffasil, District-Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vinod Kumar For the Opposite Party/s :

Mr. S. Ehteshamuddin ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 16-01-2019 Heard the learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks regular bail in connection with Excise Case No. 2183 of 2018 registered for the offence punishable under Section 30(C) of the Bihar Prohibition and Excise Act, 2016 and Sections 2(e), 3, 5 and 13 of the Mahua Flower Act.

The allegation is regarding recovery of 21.50 quintal of illicit Mahua flower from an open field.

The learned counsel for the petitioner submits that the petitioner has been falsely implicated in the present case inasmuch as neither the field belongs to the petitioner herein nor any recovery has been made from the conscious possession of the petitioner herein. The petitioner is stated to be having a

Patna High Court Cr.Misc. No.2064 of 2019(2) dt.16-01-2019 2/2 clean antecedent and he is languishing in custody since 20.11.2018.

Having regard to the facts and circumstances of the case, the petitioner, above named, is directed to be released on regular bail on furnishing bail bond of Rs. 10,000/- (Rs. Ten thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge Excise, Gaya in connection with Excise Case No. 2183 of 2018.

(Mohit Kumar Shah, J) S.Sb/- U T