IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.33715 of 2011 Bharat Pandey Son of Late Surya Nath Pandey, resident of Village- Nanizore, P.S. Brahampur, District- Buxar. At present residing at House No. 206, Phulanpur Railway Station, P.S. Ghazipur, District- Ghazipur (U.P) -----------------Petitioner Versus The State of Bihar -----------Opposite Party 2. 30.09.2011 Heard learned counsel for the petitioner as well as learned APP for the State. The petitioner is apprehending his arrest in connection with Gaurichak P.S. Case No. 111 of 2011 for offences under Sections 13 and 47 (A) of the Bihar Excise Act. The allegation against the petitioner is that a truck bearing registration no. UP-61F-6027 was found carrying 340 bags of Mahua Flower which is prohibited under the Bihar Excise Act. Learned counsel for the petitioner submits with reference to certain documents, copies of which have been annexed in the application, that the said Mahua Flower were bought in the State of M.P and were being transported to Jharkhand. He also points out that trading in Mahua flower is no more prohibited in the State of M.P. He states that the truck was standing on the road where the police searched the truck. He submits that the petitioner is not liable to be prosecuted under the section so alleged in the FIR. He also points out that the driver of the said truck has been 2 granted anticipatory bail by a co-ordinate Bench of this Court in Cr. Misc. No. 33286 of 2011 on 28.09.2011. In the considered opinion of this Court the case of the petitioner who is the owner cannot be equated on similar footing as that of the driver. In the background of the case it is admitted that the petitioner has taken full responsibility for the Mahua flower. Considering the facts and circumstances of the case, this Court is not inclined to grant anticipatory bail to the petitioner. His prayer for anticipatory bail is accordingly rejected. Anand Kr. ( Ahsanuddin Amanullah, J.)