Raju Bhoi v. State Of Chhattisgarh

Page No.1 HIGH COURT OF CHHATTISGARH, BILASPUR M.CR.C. No. 1643 of 2016

1. Raju Bhoi, S/o. Sarwan Bhoi, aged about 40 years, R/o. Indira Market, Nayapara, Post Office & Police Station - Gobra Nayapara, DistrictRaipur (C.G.) ---- Applicant

Versus

The State of Chhattisgarh, Through : Station House Officer, Police Station - Gobra Nayapara, District-Raipur (C.G.) ---- Respondent For Applicant :

Mr. Shivendu Pandey, Advocate For Respondent :

Mr. Vinod Tekam, Panel Lawyer ------------------------------------------------------------------------------------------------------- Hon'ble Shri Justice Goutam Bhaduri Order On Board 23/06/2016 1.

This is the first bail application filed under Section 439 of the Code of Criminal Procedure for grant of regular bail to the applicant who has been arrested in connection with Crime No. 47/2016, registered at Police Station- Gobra Nayapara, District - Raipur (C.G.) for the offence punishable under Section 34 (2) of the Chhattisgarh Excise Act.

2.

The prosecution alleges that the applicant was found to be in possession of illicit liquor measuring about 5.40 liters and he was arrested on 19.02.2016.

3.

Learned counsel for the applicant submits that the applicant has falsely been implicated in this case and he is in jail since 19.02.2016; therefore, he may be released on bail.

Page No.2 4.

Learned State counsel opposes the prayer for grant of bail, however, he would submit that no case under Section 34 (2) of Excise Act is registered against the applicant.

5.

Taking into consideration the totality of the circumstances and the fact that the quantity of seized liquor is 5.40 liters; offence is triable by the JMFC and the applicant is in jail since 19.02.2016, this Court is inclined to release the applicant on bail.

6.

Accordingly, the bail application filed under Section 439 of Cr.P.C. is allowed.

7.

It is directed that the applicant shall be released on bail on furnishing a personal bond for a sum of Rs.25,000/- with one surety in the like sum to the satisfaction of the concerned trial Court, for his appearance as and when directed.

8.

Certified copy as per rules.

Sd/- (Goutam Bhaduri) Judge Balram