Manjesh Kumar Yadav @ Manjesh Kr. Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49276 of 2021 Arising Out of PS. Case No.-116 Year-2021 Thana- EKMA District- Saran ====================================================== Manjesh Kumar Yadav @ Manjesh Kr. Yadav S/O Shushil Yadav R/O Village-Karailiya, Police Station-Daudpur, District- Saran. ... ... Petitioner/s

Versus

The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Rajesh Roy, Advocate For the Opposite Party/s :

Mr. Yogendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE A. M. BADAR ORAL ORDER 08-04-2022 The applicant/accused in Crime No. 116 of 2021 registered with Ekma Police Station for the offences punishable under Sections 272/273 of the Indian Penal Code as well as Sections 30/33/34/38 of the Bihar Prohibition and Excise Act, by this application is seeking his release on bail during pendency of the trial.

Heard the learned counsel appearing for the applicant/accused as well as the learned Additional Public Prosecutor appearing for the State.

The learned counsel for the applicant drew my attention to the FIR and argued that the applicant is languishing in jail from the end of March, 2021. It is further argued that he is not having any criminal antecedent. It is further argued that the applicant is falsely implicated in the

Patna High Court CR. MISC. No.49276 of 2021(2) dt.08-04-2022 2/3 crime in question.

The learned Additional Public Prosecutor opposed the application by contending that the applicant and others were manufacturing the spurious liquor in the prohibited State. I have considered the submissions so advanced and also perused the materials placed before me.

On the basis of secret information manufacture of spurious liquor at garden of Bishunpur, police raided the spot on 28.03.2021. Two persons including the present applicant were arrested from the spot of the incident. Police witnessed that the applicant were manufacturing the spurious liquor of brands like Imperial Blue Whiskey, Seagram Quality, Royal Stage, Imperial Blue Finest Grain Whiskey etc. They were having the necessary appliances and instruments for manufacturing the spurious liquor. Apart from manufactured spurious liquor, police seized empty bottles of brands like Royal Stage, Seagram Quality etc. Label containing brand name, sticker of the State of manufacture etc. was also found on the spot of the incident. Accordingly, spurious liquor along with the material used for manufacturing the same came to be seized.

Considering the nature of crime and the disastrous

Patna High Court CR. MISC. No.49276 of 2021(2) dt.08-04-2022 3/3 effect of manufacture of spurious liquor on the public at large, no case for grant of bail to the applicant/accused is made out. Application is rejected.

The applicant to remove all office objections forthwith and the Registry to issue the certified copy of this order only after removal of office objections by the applicant/accused.

(A. M. Badar, J) Mkr./- U T