Khamhan Patel v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No.

• Khamhan Patel, son of Shiv Govind, aged about 57 years, R/o. Bhalukona, P.S. Kasdol, District BalodabazarBhatapara (C.G.) ---- Applicant

Versus

• State Of Chhattisgarh Through : The Station House Office, Police Station Kasdol, District Balodabazar-Bhatapara (C.G.) ---- Non-applicant For Applicant:

Mr. Yogesh Chandra, Advocate.

For Non-applicant/State:Mr. Avinash Singh, Panel Lawyer Hon'ble Shri Justice Sanjay K. Agrawal Order On Board /0 4 /201 Heard.

(1) The accused/applicant has moved this bail application under Section 439 of the Code of Criminal Procedure for releasing him on regular bail during trial in connection with Crime No. 87/2015 registered at Police Station Patewa, Distt. Mahasamund for the offence punishable under Section 34(2) of the Chhattisgarh Excise Act, 1915.

(2) Case of the prosecution, in brief, is that 72 bulk liters of illicit liquor was seized by the police from the present applicant. (3) Counsel for the applicant submits that applicant has falsely been implicated in the crime in question as he has not committed

any offence. He would further submit that applicant is in jail since 07.03.2016 and, therefore, the applicant may be released on bail. (4) On the other hand, learned counsel for the State opposes the bail application.

(5) Considering the totality of the facts, in particular, the provisions contained in Section 59-A(ii) of the C.G. Excise Act, 1915; and looking to huge quantity of liquor; I am not inclined to release the applicant on bail. Thus, the bail application is rejected.

Sd/- (Sanjay K. Agrawal) Judge D/-