IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.42271 of 2009 BIRENDRA SHARMA SON OF MAGAN SINGH @ BHAGWAN SINGH, R/O VILL- BHAWANPUR, P.S.- TEKARI, DISTRICT- GAYA Versus STATE OF BIHAR ----------- 2 11/02/2010 Heard Mr. Shivendra Prasad learned counsel for the petitioner and learned APP for the State. The petitioner apprehends his arrest in a case registered under Sections 47A, 2 (E) / 3 / 5 B of the Excise Act and Section 18 of the Mahua Act. Allegation is that the petitioner’s house was raided and 50 bags Mahua kept in the shop as well as in his residence were seized. Submission is that the allegations at best comes under Section 4 Proviso of Bihar Excise (Mahua Flower Rules, 2004 and according this provision, the petitioner is not liable for prosecution because he is owner of four Mahua trees. Considering the facts and circumstances, the petitioner above named is directed to surrender before the court below within three weeks from the date of receipt/production of a copy of this order and on his so surrendering he shall be enlarged on bail on furnishing of bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned C.J.M./concerned Court, Gaya in connection with 2 Tekari P.S. Case No. 164 of 2008 subject to the condition as laid down under section 438 (2) of the Cr.P.C. avin (Shyam Kishore Sharma, J.)