In a bail matter, the Patna High Court granted bail to the petitioner accused under the Bihar Excise Act for carrying Mahua flowers, directing him to furnish a bond and provide sureties.
Petitioner released on bail by furnishing a bond of Rs. 10,000 with two sureties of Rs. 10,000 each, one being a close relative, to the Special Judge, Excise, Patna.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.23287 of 2019
Arising Out of PS. Case No.-88 Year-2019 Thana- MASAUDHI District- Patna
======================================================
Manish Kumar, Son of Bintu Lal Prasad @ Bindu Lal Singh, Resident of Gangachak Malkana @ Malikana, P.S.- Masaurhi, District - Patna
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr.Anuj Kumar, Advocate. For the Opposite Party/s : Mr.Tarun Prasad Mandal, APP ======================================================
CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA
ORAL ORDER
2 12-04-2019
Learned counsel for the petitioner is permitted to make necessary correction in paragraph 11 of the petition.
Heard learned counsel for the petitioner and the learned A.P.P. for the State.
The petitioner is accused in connection with Special Case No. 1307 of 2019 arising out of Masaurhi P.S. Case No. 88 of 2019, registered under Section 30(a)(d) of the Bihar Excise Act.
The accusation is of carrying of 80 Kg Mahua flower, kept in two bags, on motorcycle by the petitioner.
Learned counsel for the petitioner submits that petitioner has no criminal antecedent and is in custody since 05.02.2019.
Patna High Court CR. MISC. No.23287 of 2019(2) dt.12-04-2019 2/2
Having regard to the facts and the 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 the Special Judge, Excise, Patna, in connection with Special Case No. 1307 of 2019 arising out of Masaurhi P.S. Case No. 88 of 2019. Out of two sureties, one surety must be the close relative of the petitioner.
(Rajendra Kumar Mishra, J)
Bhardwaj/-
U T
1 issue framed by the court
Whether the petitioner accused of carrying prohibited Mahua flowers should be released on bail.
1 provisions across 1 enactments
Manish Kumar
The State of Bihar
Rajendra Kumar Mishra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
