Prakash Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.23672 of 2019 Arising Out of PS. Case No.-51 Year-2019 Thana- GOVERNMENT OFFICIAL COMP. District- Gaya ====================================================== PRAKASH KUMAR, aged about 18 years, Male, S/o Narayan Yadav Resident of Village- Ghirsindi Kalan (Gosindikala), P.S.- Barachatti, DistrictGaya. ... ... Petitioner

Versus

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

For the Petitioner :

Mr.Vinod Kumar, Advocate.

For the Opposite Party :

Mr.Ansar Ul Haque, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 17-04-2019 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner is languishing in custody since 04.02.2019 in a case for the offence registered under Section 30(d) of the Bihar Prohibition and Excise Act, 2016 and 2(e), 3, 5 and 13 of Mahua Flower Act, 2006.

The prosecution story, in brief, is that total 500 Kg. Mahua Flower is said to have been recovered.

It has been submitted by learned counsel for the petitioner that the petitioner has got no criminal antecedent. Charge sheet has been submitted in the present case. There is no allegation of tampering with the witnesses alleged against the petitioner. It is alleged that total 500 Kg. of Mahua Flower is

Patna High Court CR. MISC. No.23672 of 2019(2) dt.17-04-2019 2/2 recovered. There is no compliance of Section 100 Cr. P.C. On behalf of the State, it is submitted that the petitioner is named in the F.I.R/ Complaint Case. Considering the aforesaid facts and circumstances, let the petitioner above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Special Excise Judge, Gaya, in connection with Excise Case No. 51/19. (Sudhir Singh, J) U.K./- U T