Shailendra Kumar Manikpuri v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 96 of 2016 • Shailendra Kumar Manikpuri S/o Chaindas Manikpuri Aged About 20 Years R/o Village Sonbandha, Police Station Takhatpur, Civil & Rev. District Bilaspur, Chhattisgarh. ---- Petitioner

Versus

• State of Chhattisgarh through Station House Officer, P.S. Takhatpur, Distt. Bilaspur, Chhattisgarh. --- Respondent For the applicant :

Mr. Dharmesh Shrivastava, Advocate For the Respondent :

Mr. Ashutosh Pandey, Panel Lawyer Hon'ble Shri Justice Goutam Bhaduri Order on Board 21.01.2016

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. 333/2015 registered at P.S. Takhatpur Distt. Bilaspur (C.G) for the offence punishable under Section 34(2) & 59(A) of the Chhattisgarh Excise Act.

2. The prosecution case, in brief, is that when a raid was conducted on 12.11.2015, 30 bulk litres of illicit liquor was seized from the possession of the applicant.

3. Learned counsel for the applicant submits that the applicant is in jail since 12.11.2015 and the seizure having been made, no further investigation is necessary.

4. Per contra, learned State Counsel opposes the bail application.

5. Taking into consideration the totality of the circumstances and the fact that the quantity of seized liquor in this case is

30 bulk litres; offence is triable by the JMFC and the applicant is in jail since 12.11.2015, 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