High Court Of ChhattisgarhMCRC/4601/2016allowed

Basant Kumar Miri v. State Of Chhattisgarh

2016-08-16Hon'Ble Shri Justice Goutam Bhaduri2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 4601 of 2016 Basant Kumar Miri, S/o. Dharmuram Miri Aged About 32 Years Occupation - Labour, R/o Gerwani, Dipapara, Police Station - Punipathra, District - Raigarh Chhattisgarh ---- Applicant

Versus

State of Chhattisgarh Through : Station House Officer, Police Station - Punjipathra, District - Raigarh Chhattisgarh --- Respondent ------------------------------------------------------------------------------------------------------ For Applicant :

Mr. Ashish Gupta, Advocate For Respondent/State :

Mr. Anant Bajpai, Panel Lawyer ------------------------------------------------------------------------------------------------------- Hon'ble Shri Justice Goutam Bhaduri Order On Board 16/08/2016 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 (Ishtagasha No. 52/2016) registered at Police Station - Punjipathra, District Raigarh (C.G.) for the offence punishable under Sections 34(1)(A), & 59 (1)(A) of the C.G. Excise Act.

2. The prosecution alleges that the applicant was found to be in possession of illicit liquor measuring about 10 bulk liters and he was arrested on 09.06.2016.

3. Learned counsel for the applicant submits that the applicant has falsely been implicated in this case and the applicant is in jail since

09.06.2016, 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, the applicants have no previous antecedents of similar offence.

5. Taking into consideration the totality of the circumstances and the fact that the quantity of seized liquor is 10 bulk liters; offence is triable by the JMFC and the applicants are in jail since 09.06.2016, this Court is inclined to release the applicants 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 her appearance as and when directed.

Sd/- (Goutam Bhaduri) Judge Santosh