Md. Samdani v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48168 of 2019 Arising Out of PS. Case No.-48 Year-2019 Thana- BELAGANJ District- Gaya ====================================================== MD. SAMDANI, Son of Md. Abas Miyan Resident of Village- Jadopur, P.S.- Belaganj, District- Gaya (Bihar) ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Arvind Kumar For the Opposite Party/s :

Mr.Md. Fahimuddin ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 05-08-2019 Petitioner seeks bail in anticipation of his arrest in connection with Belaganj P.S. Case No. 48 of 2019 registered for the offence punishable under Section 30(a) of Bihar Prohibition and Excise Act and Sections 2(c), 3/5(b), 18 & 42 of Mahua Flower Niyamawali.

Allegation is of recovery of 560 Kg. of Mahua Flower from the pickup van and petitioner is said to be owner of the van.

Submission of learned counsel for the petitioner is that the vehicle was taken on rent and he has no knowledge about the same.

Heard learned APP, who has opposed the prayer for anticipatory bail stating that huge quantity of Mahua Flower was recovered and petitioner is owner of the vehicle.

Patna High Court CR. MISC. No.48168 of 2019(2) dt.05-08-2019 2/2 In view of above facts and circumstances, I am not inclined to grant the privilege of anticipatory bail to the petitioner. He may surrender and pray for regular bail, which shall be considered on the basis of materials available in the case diary and, if possible, to be disposed of on the same day. With the above observation, this application is dismissed.

(Vinod Kumar Sinha, J) spal/- U T