Surajbali Patoti v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 7243 of 2015 • Surajbali Patoti S/o Late Mannulal Patoti Aged About 45 Years R/o Vill. - Karutola, P.S. Bagnadi, Civil And Rev. Distt. Rajnandgaon Chhattisgarh.

--- Petitioner

Versus

• State of Chhattisgarh Through P.S. Bagnadi, District Rajnandgaon Chhattisgarh.

--- Respondent For the applicant :

Mr. Rakesh Thakur, Advocate For the Respondent :

Ms. Sunita Jain, Panel Lawyer Hon'ble Shri Justice Goutam Bhaduri Order on Board 22.12.2015

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. 52/2015 registered at P.S. Bagnadi, Distt. Rajnandgaon (C.G) for the offence punishable under Sections 34(2) of the Excise Act.

2. The prosecution alleges that when a raid/inspection was conducted by the Police, 7.500 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 28.11.2015 and the seizure having been made, no further investigation is necessary.

4. Per contra, learned State Counsel opposes the bail application. However, she submits that the concerned SHO has reported that the applicant has no criminal antecedents.

5. Taking into consideration the totality of the circumstances and the fact that the quantity of seized liquor in this case is 7.500 bulk litres; offence is triable by the JMFC and the

applicant is in jail since 28.11.2015, 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 said Court as and when directed by the said Court.

7. C.c. as per rules.

Sd/- GOUTAM BHADURI JUDGE Rao