Uttam Kumar Singh v. State Of Chhattisgarh
HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 4851 of 2016 Uttam Kumar Singh, S/o. Satyendra Singh, Aged About 30 Years, R/o. Village Bedhni, Police Station - Dev, District Aurangabaad - Bihar, Present R/o. Village - Hirmi, P.S.- Suhela, District- Balodabazar - Bhatapara, Chhattisgarh.
---- Applicant
Versus
State Of Chhattisgarh, Through : Excise Circle - Simga, District Balodabazar - Bhatapara, Chhattisgarh.
---- Respondent --------------------------------------------------------------------------------------------------- For Applicant :
Mr. Sanjeev Das, Advocate For Respondent :
Mr. Arvind Shukla, Panel Lawyer --------------------------------------------------------------------------------------------------- Hon'ble Shri Justice Goutam Bhaduri Order On Board 23.08.2016 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.105/2016 registered at Police Station- Simga, District Balodabazar-Bhatapara (C.G.) for the offence punishable under Section 34(2) of the Excise Act. 2.
As per the prosecution case, on 19.07.2016, on information received, from the possession of the applicant total 112.2 liters of illegal country made liquor and other english wine & beer were seized.
3.
Learned counsel for the applicant would submit that the recovery of the liquor was made from the vehicle and he had taken lift in the vehicle and he was not a party to the crime, therefore, he may be released on bail.
4.
Per contra, learned State counsel opposes the prayer for grant of bail.
5.
Perused the case diary and the documents. It appears that the vehicle which was chased and thereafter was intercepted the recovery was made. Considering the evidence available and the quantity of the seized liquor, I am not inclined to release the applicant on bail.
6.
Accordingly, the bail application filed under Section 439 of Cr.P.C. is dismissed.
Sd/- (Goutam Bhaduri) Judge Ashok