Sunil Rajbhar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.31985 of 2018 Arising Out of PS.Case No. -402 Year- 2017 Thana -JAKKANPUR District- PATNA ====================================================== Sunil Rajbhar, S/o Banka Rajbhar, Resident of Village- Karecha P.S.- Karecha, District- Gopalganj, at present Patna Junction Cooli. .... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Jay Ram Prasad For the Opposite Party/s : Mr. Amrendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 24-05-2018 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks bail in connection with Special Case No. 8718 of 2017 (arising out of Jakkanpur P.S. Case No. 402 of 2017) for the offences punishable under Section 30(d) of the Bihar Prohibition & Excise Act, 2016 and Sections 2(E)/3/5 of the Mahua Flower Act, 2006.

The allegation is regarding recovery of 600 kg. of Mahua flower from a tempo.

The learned counsel for the petitioner submits that neither the petitioner is the owner of the said tempo nor he is the driver of the said tempo and nothing has been recovered from his conscious possession.

Patna High Court Cr.Misc. No.31985 of 2018 (2) dt.24-05-2018 2/2 It is submitted that the petitioner is having a clean antecedent and he is languishing in custody since 02.12.2017. Having regard to the facts and circumstances of the case, the petitioner, above named, is directed to be released on bail on furnishing bail bond 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 Special Case No. 8718 of 2017 (arising out of Jakkanpur P.S. Case No. 402 of 2017).

(Mohit Kumar Shah, J) S.Sb/- U T