Birbal And ANR. v. State Of Chhattisgarh

HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 4461 of 2016

1. Birbal, S/o. Aagardas Satnami, Aged About 35 Years.

2. Vyas Narayan, S/o. Krishna Kumar Satnami.

Both are R/o. Amethi, Police Station Suhela, Tahsil & District Baloda Bazar, Chhattisgarh.

---- Applicants

Versus

State Of Chhattisgarh, Through Police Station- Suhela, District Baloda Bazar, Chhattisgarh.

---- Respondent --------------------------------------------------------------------------------------------------- For Applicant :

Mr. K.K.Khatri, Advocate For Respondent :

Ms. Sunita Jain, Panel Lawyer --------------------------------------------------------------------------------------------------- Hon'ble Shri Justice Goutam Bhaduri Order On Board 16/08/2016 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 have been arrested in connection with Crime No.92/2016 registered at Police Station- Suhela, District Balodabazar (C.G.) for the offence punishable under Section 34(2) of the Excise Act. 2.

The prosecution alleges that the applicants were found to be in possession of illicit liquor measuring about 10.62 bulk liters and they were arrested on 06.07.2016.

3.

Learned counsel for the applicants submits that the applicants have falsely been implicated in this case and they are in jail since 06.07.2016; therefore, they may be released on bail. 4.

Per contra, learned State counsel opposes the prayer for grant of bail and she would submit that as per the information received from the concerned SHO, two cases were registered against the

applicants in the year 2012 & 2013 under Section 34(A) of the Excise Act.

5.

Taking into consideration the proximity of time of 2012 & 2013 and considering the quantity of seized liquor i.e. 10.62 bulk liters, offence is triable by the JMFC and the applicants are in jail since 06.07.2016, this Court is inclined to release the applicants on bail. 6.

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

7.

It is directed that the applicants shall be released on bail on furnishing a personal bond for a sum of Rs.25,000/- with one surety each in the like sum to the satisfaction of the concerned trial Court, for their appearance as and when directed. Sd/- (Goutam Bhaduri) Judge Ashok