Ranjan Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.48670 of 2019 Arising Out of PS. Case No.-239 Year-2019 Thana- CHAINPUR District- Kaimur (Bhabua) ====================================================== Ranjan Yadav Son of Dina Nath Yadav, Resident of Village - Dihbhujaina (Dihpurariya) P.S.- Chainpur, Distt - Kaimur at Bhabua. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Tribhuwan Narayan For the Opposite Party/s :
Mr.Arun Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 05-08-2019 Heard both sides.
The petitioner apprehends his arrest in Chainpur P.S. Case No.239 of 2019 registered under Section 30(a) of the Bihar Prohibition and Excise Act and under Sections 3 and 4 of the Bihar Excise (Mahua Flowers) Rules, 2006. Learned counsel for the petitioner submits that 15 kg mahua flowers was recovered from the joint house of the petitioner. No article meant for preparing country made liquor from mahua was recovered from the house of the petitioner. Mahua is commonly used in the country side for the use and purpose of animals' food. It is submitted that no offence under section 30(a) of the Bihar Prohibition and Excise Act is made out. A small quantity of mahua flowers is recovered from the joint house of the petitioner.
Patna High Court CR. MISC. No.48670 of 2019(2) dt.05-08-2019 2/2 Having considered the facts aforesaid and the fact that a small quantity of mahua flowers was recovered from the joint house of the petitioner and no article meant for preparing country made liquor from mahua was recovered from the house of the petitioner, the above named petitioner, in the event of his arrest or surrender before the learned court below within a period of four weeks from the date of receipt/production of a copy of this order, is directed to 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 learned Special Judge (Excise)-cum-A.D.J. 4th, Kaimur at Bhabua in connection with Chainpur P.S. Case No.239 of 2019 (G.R. No.398 of 2019), subject to the conditions as laid down under Section 438 (2) of the Code of Criminal Procedure. (Prabhat Kumar Jha, J) Harish/- U T