Patna High CourtCR. MISC./38289/2015disposed

Prem Kumar v. The State Of Bihar

2015-09-24Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.38289 of 2015 Arising Out of PS.Case No. -147 Year- 2015 Thana -DHANARUA District- PATNA ======================================================

1. Prem Kumar, S/o Late Nanhaku Sao Resident of Village- Masaurhi P.S.- Masaurhi, District- Patna.

.... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Satish Chandra, Advocate For the Opposite Party/s : Mr. Subhash Chandra Mishra(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 24-09-2015 Heard learned counsel for the petitioner and the State.

Petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 3, 5, 17 of The Bihar Excise (Mahua Flowers) Rules, 2006. It is alleged that the 90 bags of mahua each containing 40 K.g was recovered from a Tata 407 vehicle. When driver was apprehended, who disclosed the name of Raj Kumar and this petitioner. The driver also confessed that he got mahua loaded from Sikandar and supposed to reach the same to Raj Kumar and this petitioner.

It is submitted by the learned counsel for the petitioner that recovery has not been made from the possession of the petitioner and except the confessional statement of the driver, there is nothing against the petitioner. Statement has

Patna High Court Cr.Misc. No.38289 of 2015 (2) dt.24-09-2015 been made in para-3 of the petition that petitioner has no criminal antecedent.

Let the learned court below consider the prayer for regular bail of the petitioner, if the petitioner surrenders before the learned court below within a period of six weeks from today in connection with Dhanarua P.S. Case No. 147 of 2015, pending in the court of learned Sri S.L. Priyadarshi, Judicial Magistrate, Ist Class, Masaurhi, Patna.

With the above observation this application is disposed of.

(Dinesh Kumar Singh, J) P.K./- U T