High Court Of ChhattisgarhMCRC/48/2016allowed

Jayendra Kumar Verma v. State Of Chhattisgarh

2016-01-20Hon'Ble Shri Justice Goutam Bhaduri2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 48 of 2016 • Jayendra Kumar Verma S/o Shri Shatrughna Verma Aged About 44 Years Occupation Agriculturist And R/o Village Khairbana, Police Out Post - Mohara, Police Station Dongargarh, District Rajnandgaon, Civil And Rev. Distt. Rajnandgaon Chhattisgarh.

--- Petitioner

Versus

• State of Chhattisgarh Through District Magistrate, Rajnandgaon Chhattisgarh.

--- Respondent For the applicant :

Mr. Kripesh Kela, Advocate For the Respondent :

Mr. Anant Bajpai, Panel Lawyer Hon'ble Shri Justice Goutam Bhaduri Order on Board 20.01.2016

1. This is an application filed under Section 439 of the Code of Criminal Procedure seeking grant of regular bail to the applicant in connection with Crime No. 672 of 2015 registered at Police Out Post Mohara, P.S. Dongargarh, Distt. Rajnandgaon for the offence punishable under Section 34(2) of the Excise Act.

2. The prosecution case, in brief, is that when a raid was conducted on 24.12.2015, 7.380 bulk litres of illicit liquor and cash of Rs.2870/- was seized from the possession of the applicant.

3. Learned counsel for the applicant submits that the applicant is in jail since 24.12.2015 and the seizure having been made, no further investigation is necessary.

4. Per contra, learned State Counsel opposes the bail application. However, he submits that the concerned SHO has reported that the applicant has no past antecedents.

5. Taking into consideration the totality of the circumstances and the fact that the quantity of seized liquor in this case is 07.380 bulk litres; offence is triable by the JMFC and the applicant is in jail since 24.12.2015 this Court is inclined to release him on bail. Accordingly, this application is allowed.

6. The applicant is directed to be released on bail on his executing a personal bond in sum of Rs.25,000/- with one surety in the like sum to the satisfaction of the concerned trial Court . He is directed to appear before the trial Court as and when directed by the said Court.

7. C.c. as per rules.

Sd/- GOUTAM BHADURI JUDGE Rao