Vinod Yadav v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Misc. Criminal Case No.2376 of 2017 • Vinod Yadav S/o Mohan Yadav, Aged About 32 Years R/o Village Baharwani Thana Sakaldiha, District Chindauli ( Uttar Pradesh ) At Present R/o Village Khatti, Thana Khallari, Tahsil And District Mahasamund Chhattisgarh ---- Applicant

Versus

• State Of Chhattisgarh Through Station House Officer, Police Station Khallari, District Mahasamund Chhattisgarh ---- Respondent For Applicant : Shri Vikas Pradhan, Advocate For Respondent/State : Shri Vinod Tekam, Panel Lawyer Hon'ble Shri Justice Chandra Bhushan Bajpai Order On Board 30.6.2017 Heard the matter finally.

2.

This is an application filed under Section 439 of the Cr.P.C. for grant of regular bail to the applicant, who has been arrested in connection with Crime No.50/2017 registered in Police Station Khallari, Distt. Mahasamund for the offence punishable under Section 34(2) of the Chhattisgarh Excise Act, 1915. 3.

Learned counsel for the applicant submits that the applicant has been arrested on 28.3.2017, after investigation, police has filed charge sheet against the applicant which is pending before Chief Judicial Magistrate, Mahasamund as Criminal Case No.S708/2017. As per the allegation 180 bulk liters of country liquor/foreign liquor has been seized from the possession of the present applicant. The

applicant is the first offender, he will not commit any offence in future, hence he may be granted bail.

4.

Per contra, learned counsel for the State opposes the bail application on the basis of huge quantity of liquor so seized from the applicant but fairly submits that he has no criminal antecedent. 5.

Perused the entire material.

6.

On due consideration of the huge quantity of liquor so seized from the applicant, I am not inclined to allow the application. 7.

Accordingly, bail application filed under Section 439 of the Cr.P.C. is hereby dismissed.

Sd/- (Chandra Bhushan Bajpai) JUDGE Bini