Gajanand Bariha v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6269 of 2017 Gajanand Bariha S/o Rajkumar Bariha Aged About 25 Years Occupation Labor R/o Village Rupapali, Outpost Bhavarpur, Thana And Tahsil Basna, District Mahasamund Chhattisgarh ---- Applicant

Versus

State Of Chhattisgarh Through Station House Officer, Police Station (Outpost Bhavarpur) Basna District Mahasamund Chhattisgarh ----Non-applicant For Applicant :

Mr. Vikash Pradhan, Advocate For State :

Mr. Arvind Shukla, Panel Lawyer Hon'ble Shri Justice P. Sam Koshy Order on Board 06/10/2017

1. This is an application filed under Section 439 Cr.P.C. for grant of bail to the applicant, who has been arrested in connection with Crime No. 438/2017 registered at Police Station (Outpost Bhavarpur) Basna, District Mahasamund, Chhattisgarh for the offence punishable under Section 34(2) of the Chhattisgarh Excise Act.

2. Case of the prosecution, in brief, is that 7.00 bulk litres of illicit country made liquor was seized by the police from the possession of the present applicant.

3. Learned counsel for the applicant submits that the applicant has been falsely implicated in the case and he is in jail since 18.09.2017, therefore, he may be released on bail.

4. On the other hand, learned counsel for the State opposes the bail application.

5. Considering the quantity of liquor which is alleged to have been seized from the possession of the applicant and also the fact that the applicant is in jail since 18.09.2017, prima facie, I am of the opinion that it is a fit case where the present applicant can be released on bail.

6. Accordingly, the application for grant of bail is allowed. It is directed that the applicant shall be released on bail on his furnishing a personal bond in the sum of Rs.25,000/- with one surety in the like sum to the satisfaction of the concerned Court for his appearance before the said Court as and when directed.

Sd/- (P. Sam Koshy) Judge Ved