Ashok Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28566 of 2020 Arising Out of PS. Case No.-56 Year-2020 Thana- GURUA District- Gaya ====================================================== ASHOK KUMAR Son of Shiv Kumar Saw Resident of Village - Rajan, P.S.- Gurua, 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. Nityanand ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 23-11-2020 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor representing the State, through Video Conferencing.

The petitioner seeks regular bail in connection with Gurua Police Station Case No. 56 of 2020, registered for the offence punishable under Section 30 (d) of the Bihar Prohibition and Excise Act, 2016.

The allegation against the petitioner is that the police raided the house of the petitioner and recovered 1218 kgs. of Mahua Flowers kept in 29 sacks.

Learned Counsel for the petitioner submits that the petitioner has not committed any offence in the manner alleged. He further submits that a Division Bench of this Court, in CWJC No. 23163 of 2018 and its analogous cases, has held that proceeding initiated against a person under the Excise Act for recovery of Mahua flowers exceeding 5 Kg is without

Patna High Court CR. MISC. No.28566 of 2020(2) dt.23-11-2020 2/2 jurisdiction inasmuch as there is no enabling powers to the prosecution to initiate any action under the Bihar Mahua Flowers Rules and the prosecution can only be launched if Mahua flowers are converted either into plain or spiced spirit as clearly defined under Section 2 (16) of the Act. After having heard learned counsel for the parties and taking into consideration the fact that the petitioner is in custody since 30.03.2020 and the Division Bench of this Court has held that for recovery of Mahua flowers, no prosecution can be launched under the Excise Act, as such I am inclined to grant bail to the petitioner.

This application is allowed.

Accordingly, let the petitioner, above named, be released on bail, upon furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise, Gaya, in connection with Gurua Police Station Case No. 56 of 2020. It is made clear that at the time of furnishing bail bonds, all the parties shall follow the guidelines regarding social distancing.

Prabhakar Anand/- (Anil Kumar Sinha, J.) U √ T √