Patna High CourtCR. MISC./49305/2017disposed

Kumar Shanu @ Goldi Yadav @ Goldi v. The State Of Bihar

2017-10-13Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.49305 of 2017 Arising Out of PS.Case No. -105 Year- 2017 Thana -BEUR District- PATNA ====================================================== Kumar Shanu @ Goldi Yadav @ Goldi, S/o Sri Ramji Prasad Chaudhary, R/o Mohalla- Mithapur Khagaul Road Patna, P.S.- Jakkanpur, DistrictPatna. .... .... Petitioner

Versus

The State of Bihar .... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Nawal Kishor Singh For the Opposite Party/s : Mr. Binod Kumar 2 ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 13-10-2017 Heard learned counsel for the petitioner.

This is an application for bail in connection with Beur P.S. Case No. 105 of 2017, corresponding to Special Case No. 1380 of 2017, registered for the offences punishable under Sections 272, 414 of the Indian Penal Code and 30(a) of Bihar Excise Amendment Act.

Allegation is of recovery of 565 litres of liquor from the accused persons, including the petitioner and further it appears that he is accused in one more case of similar nature. Submission of learned counsel for the petitioner is that he has falsely been implicated in this case and he is in custody since 12.7.2017. Further submission is that other co-accused persons have been granted bail by different co-ordinate Benches of this

Patna High Court Cr.Misc. No.49305 of 2017 (2) dt.13-10-2017 2/2 Court in Cr.Misc.No. 30881 of 2017, vide order dated 7.7.2017 and in Cr.Misc.No. 32922 of 2017, vide order dated 30.8.2017. Heard learned APP also.

Having heard both sides and in view of the allegation as well as criminal antecedents, I am not inclined to grant bail to the petitioner at this stage.

However, learned trial court is directed to expedite the trial and try to conclude it within a period of three months by conducting trial on day to day basis. If trial is not concluded within the said period, trial court will release the petitioner on bail to its own satisfaction on the condition that he will co-operate in disposal of trial.

With the above observation, this application is disposed of.

(Vinod Kumar Sinha, J) spal/- U