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Patna High CourtCR. MISC./32564/2018allowed

Vikash Kumar v. The State Of Bihar

2018-06-06Mr. Justice Dr. Anil Kumar Upadhyay2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.32564 of 2018 Arising Out of PS. Case No. -105 Year- 2018 Thana -BEUR District- PATNA ====================================================== Vikash Kumar, S/o Late Gopal Ram Chandra Vanshi, R/o Village- Ganjpar Palanga, P.S.- Parsa Bazar, District- Patna.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Manish Kumar No-2, Advocate For the Opposite Party/s : Mr. Nazir Ansari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 06-06-2018 Heard learned counsel for the petitioner and State. The petitioner is in custody in connection with Special Case No. 3454 of 2018, arising out of Beur P.S. Case No. 105 of 2018, for the offences under Sections 2 (E)/3 of the Bihar Mahua Flower Rules, 2006 and Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

Learned counsel for the petitioner submits that the petitioner is Auto driver from which 150Kg. Mahua Flower was sized. He submits that the petitioner is in custody since 10.04.2018 and he was not made accused earlier in connection of any offence pertaining to Bihar Prohibition and Excise Act. He submits that the petitioner has remained in custody for nearly two months. Considering the fact that the petitioner is Auto driver and not the owner of the Mahua flower and he was earlier

Patna High Court Cr.Misc. No.32564 of 2018 (2) dt.06-06-2018 2/2 not made accused in connection with Bihar Prohibition and Excise Act, the petitioner, named above, is directed to be released on bail on furnishing bail bonds of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise, Patna in connection with Beur P.S. Case No. 105 of 2018 (Special Case No. 3454 of 2018).

(Anil Kumar Upadhyay, J) Uday/- U T