High Court Of ChhattisgarhMCRC/7562/2015rejected

Manish Singh v. State Of Chhattisgarh

2016-01-13Hon'Ble Shri Justice Goutam Bhaduri2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 7562 of 2015

1. Manish Singh S/o Armender Singh Aged About 21 Years R/o Village Chhorghar Thana Madanpur, Distt. Aurangabad, Bihar.

2. Loha Singh S/o Shyamnarayan Singh Aged About 35 Years R/o Village Pansa, Thana Haidarganj, Distt. Plamu, Jharkhand.

3. Amir Khan Alias Raja S/o Salim Khan Aged About 21 Years R/o Village Lakhagad Thana, Pithora, Distt. Mahasamund, Chhattisgarh.

---- Applicants

Versus

State Of Chhattisgarh Through Station House Officer, Police Station Sakara, Distt. Mahasamund, Chhattisgarh.

---- Respondent For Applicants :- Mr. Vikash Pradhan, Advocate For Respondent/ State :- Ms. Sunita Jain, Panel Lawyer Hon'ble Shri Justice Goutam Bhaduri Order On Board By 13/01/2016

1. This is the first bail application filed under Section 439 of the Code of Criminal Procedure for grant of regular bail to the applicants who have been arrested in connection with Crime No. 114/2015 registered at Police Station- Sakara District Mahasanud (C.G.) for the offence punishable under Sections 34(2) of C.G. Excise Act.

2. As per the prosecution, on 19.07.2015, the applicants is said to have been found illegally transporting 215 liters liquor in a Bolero bearing registration No. CG 12 A.G. 5991. Subsequently, a case was registered against the applicants under the provisions of Excise Act and they was arrested in connection with the said offence.

3. Learned counsel for the applicants submits that the applicants have falsely been implicated in this case and they are in jail since 19.07.2015; therefore, they may be released on bail.

4. Learned State counsel opposes the prayer for grant of bail.

5. Perused the case diary. Perusal of the case diary, prima facie, it is reflected that the seizure was made from the applicants and taking the fact that the quantity of seized liquor was 215 liters; this Court is not inclined to release the applicants on bail.

6. Accordingly, the application for grant of bail is rejected. Sd/- (Goutam Bhaduri) Judge Santosh