IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.22073 of 2009 MAHENDRA PRASAD, son of Late Badri Ram, village Mahuri Tola, PS Fatehpur, District Gaya – Petitioner. Versus STATE OF BIHAR ----------- 3 16.10.2009 Heard learned counsel for the petitioner and the counsel appearing on behalf of the State. The petitioner is accused in a case under sections 47(f), 13(f) and 48 of the Excise Act and Rules 2(D), 3, 5(a) and 18 of the Bihar Mahua Flower Rules. The petitioner is the owner of a Kirana Shop. The allegation is that twenty bags of Mahua flower was recovered outside his Kirana shop. The seizure list does not contain the signature of the petitioner. It is submitted that the seizure list was made on 30.1.2009 and the prosecution was launched on 38.3.2009 and there is no explanation for the delay in lodging the prosecution. Be that as it may, petitioner is directed to be released on anticipatory bail in the event of his arrest or surrender within four weeks in connection with Excise Case No. 70 of 2009 on furnishing bail bond of rupees ten thousand with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Gaya subject to the conditions laid down under section 438(2) of the Cr.P.C. haque (Sheema Ali Khan, J.)