Arvind Kumar Manhar v. State Of Chhattisgarh

HIGH COURT OF CHHATTISGARH, BILASPUR M.CR.C. No. 1561 of 2018 Arvind Kumar Manhar, S/o. Late Tijram Manhar, Aged About 28 Years, R/o. Mirouni, Police Station -Hasaud, District -Janjgir Champa, Chhattisgarh. ---- Applicant

Versus

State Of Chhattisgarh, Through : District Magistrate, Janjgir, District Janjgir Champa, Chhattisgarh.

---- Respondent For Applicant :

Mr. C.P. Lahrey, Advocate For Respondent :

Mr. Anant Bajpai, Panel Lawyer ------------------------------------------------------------------------------------------------------- Hon'ble Shri Justice Rajendra Chandra Singh Samant Order On Board 13/03/2018 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. 41/2018, registered at Police Station- Hasaud, District - Janjgir-Champa (C.G.) for the offence punishable under Section 34(2), 59 (A) of the Chhattisgarh Excise Act.

2.

The prosecution alleges that the applicant was found to be in possession of illicit liquor measuring about 6 liters and he was arrested on 03.02.2018.

3.

Learned counsel for the applicant submits that the applicant has falsely been implicated in this case and he is in jail since 03.02.2018; therefore, he may be released on bail.

4.

Learned State counsel opposes the prayer for grant of bail, however, he would submit that as per the information received from the concerned SHO, two previous cases of preventive nature under Criminal Procedure Code was registered against the applicant, hence, the applicant may not be released on bail.

5.

Taking into consideration the totality of the circumstances and the fact that the quantity of seized liquor is 6 liters; offence is triable by the JMFC and the applicant is in jail since 03.02.2018, 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 as per rules.

Sd/- (Rajendra Chandra Singh Samant) Judge Balram