Pintu Manjhi @ Tinku Manjhi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30251 of 2019 Arising Out of PS. Case No.-50 Year-2018 Thana- BUNIYAD GANJ District- Gaya ====================================================== Pintu Manjhi @ Tinku Manjhi, Aged about 29 years, Male, Son of Late Vineshwar Manjhi Resident of Village - Manpur Suryapokhar Bhuintoli, P.S.- Buniyadganj, Distt - 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.Umanath Mishra ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 08-05-2019 Heard both sides.

Petitioner apprehends his arrest in Buniyadganj P.S. Case No.50 of 2018, registered under Section 30(a) of the Bihar Prohibition and Excise Act.

Learned counsel for the petitioner submits that 25 Kgs. of Mahua flower is said to have been recovered from the house of the petitioner. No country made liquor made of Mahua flower was recovered from the house of the petitioner. Recovery of Mahua flower does not come within the purview of Section 30(a) of the Bihar Prohibition and Excise Act. There is a rule for regulating the keeping and selling of Mahua flower. Petitioner had kept Mahua flower for the purpose of his own use and for the use of fodder of animals. The petitioner has got no criminal

Patna High Court CR. MISC. No.30251 of 2019(2) dt.08-05-2019 2/2 antecedent.

Considering the facts aforesaid and nature of allegation made against the petitioner, let petitioner, above named, in the event of his arrest or surrender before the court below within a period of four weeks from the date of receipt of this order, be enlarged 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 Special Judge, Excise, Gaya in connection with Buniyadganj P.S. Case No.50 of 2018, subject to the conditions laid down under Section 438(2) Cr.P.C. (Prabhat Kumar Jha, J) S.KUMAR/- U T