Ajay Sao v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.6165 of 2015 Arising Out of PS.Case No. -92 Year- 2014 Thana -GOVERNMENT OFFICIAL COMP. DistrictLAKHISARAI ====================================================== Ajay Sao, S/o Shagwwan Sao, resident of village- Naya Tola, Suryapura, P.S.- Surajgarha, District- Lakhisarai .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sanjeev Kumar, Advocate For the Opposite Party/s : Mr. M.Haque(APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 16-02-2015 Heard learned counsel for the petitioner and the State.

The petitioner is apprehending his arrest in a complaint case in which processes have been directed to be issued after cognizance being taken for the offences punishable under Sections 2(ng), 3, 5 (kh), 18 of the Bihar State Mahua Flower Act and 47(f), 13(f), 48 of the Excise Act. It is alleged that 900 K.gs of Mahua Flower was recovered from a Tata Bikram vehicle. The petitioner alleged to be owner of the vehicle in question.

It is submitted by the learned counsel for the petitioner that statement has been made in paras -6 and 7 of the petition that the petitioner is neither the owner of the seized Mahua Flower nor the owner of the vehicle. Statement has been made in para-3 of the petition that petitioner has no criminal

Patna High Court Cr.Misc. No.6165 of 2015 (2) dt.16-02-2015 antecedent.

Considering the aforesaid facts, let the above named petitioner be released on anticipatory bail in the event of his arrest or surrender before the learned court below within a period of twelve weeks from today, on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Lakhisarai in connection with Case No. 92C2 of 2014 subject to conditions as laid down under Section 438(2) of the Indian Penal Code.

The bail bond of the petitioner shall be accepted by the learned court below on filing affidavit to the effect that after verification of the owner book of the vehicle in question that it is not registered in the name of the petitioner. The said affidavit will be transmitted to the local Police Station. The violation of undertaking made in the affidavit will give liberty to the learned court below to cancel the bail bond of the petitioner. (Dinesh Kumar Singh, J) P.K./- U T