Munna Yadav @ Munna Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.71025 of 2021 Arising Out of PS. Case No.-43 Year-2021 Thana- BISHWAMBHARPUR DistrictGopalganj ====================================================== Munna Yadav @ Munna Prasad Son Of Late - Ramchandra Yadav Resident Of Village- Ramur Tengrahi, Dharampur, P.S. - Jadopur, District - Gopalganj. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Arvind Kumar, Advocate For the Opposite Party/s :

Ms. Madhuri Lata, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE A. M. BADAR ORAL ORDER 31-01-2022 The applicant/accused in Crime No. 43 of 2021 registered with Vishambharpur Police Station for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2018, by this application is seeking his release on bail during pendency of the trial. Heard the learned counsel appearing for the applicant/accused and learned Additional Public Prosecutor for the State.

The learned counsel for the applicant submits that the applicant is not concerned with the offence alleged against him except the fact that he is owner of the tractor. He further argued that on the basis of statement of co-accused the applicant is named in the crime in question.

Patna High Court CR. MISC. No.71025 of 2021(2) dt.31-01-2022 2/3 I have considered the submissions so advanced. The following are the criminal antecedents of the applicant: "(i) Jadopur P.S. Case No.90/2017 under Sections 272,273,420 of the Indian Penal Code and Sections 30(a)(b)(c)/35 of the Bihar Prohibition and Excise (Amendment )Act, 2018. (ii) Jadopur P.S. Case No.17/2018 under Section 30(a) of the Bihar Prohibition and Excise (Amendment )Act, 2018.

(iii) Yadopur P.S. Case No.74/2018 u/s 272,273 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise (Amendment )Act, 2018.

(iv) Manjhagarh P.S. Case No.93/2009 u/s 20/22/23 of the N.D.P.S. Act.

(v) Jadopur P.S. Case No.67/2016 u/s 272,273,420 of the Indian Penal Code and Sections 47(a)/47(g) of the Bihar Prohibition and Excise (Amendment )Act, 2018.

(vi) Yadopur P.S. Case No.62/2019 u/s 30(a) of the Bihar Prohibition and Excise (Amendment ) Act, 2018."

Apart from this the tractor in which 234 liters of illicit liquor was found is also owned by the applicant. No case for grant of bail to the applicant/accused is made out. In such circumstances, the application is accordingly rejected. The trial Court is requested to expedite the trial and

Patna High Court CR. MISC. No.71025 of 2021(2) dt.31-01-2022 3/3 conclude the same within a period of eight months, failing which the applicant may renew the application for grant of bail.

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