Manoj Miri And ANR. v. State Of Chhattisgarh

Page No.1 HIGH COURT OF CHHATTISGARH, BILASPUR M.CR.C. No. 7175 of 2016

1. Manoj Miri, S/o. Lakhan Miri, aged about 32 years, R/o. Village-Akaltara, Police Station - Bhatapara (Gramin) : District - Balodabazar - Bhatapara (C.G.)

2. Anil Yadav, S/o. Ramkhilawan Yadav, aged about 33 years, R/o. VillageAkaltara, Police Station - Bhatapara (Gramin), District - Balodabazar - Bhatapara (C.G.) ---- Applicants

Versus

The State of Chhattisgarh, Through : Excise Circle - Bhatapara, District - Balodabazar - Bhatapara (C.G.) ---- Respondent For Applicants :

Mr. Sanjeev Das, Advocate For Respondent :

Mr. Wasim Miyan, Panel Lawyer ------------------------------------------------------------------------------------------------------- Hon'ble Shri Justice Goutam Bhaduri Order On Board 18/11/2016 1.

This is the first bail application filed under Section 439 of the Code of Criminal Procedure for grant of regular bail to the applicants who have been arrested in connection with Crime No. 218/2016, registered at Police Station- Excise Circle Bhatapara, District - Balodabazar - Bhatapara (C.G.) for the offence punishable under Section 34(2) of the Chhattisgarh Excise Act.

2.

The prosecution alleges that the applicants were found to be in possession of illicit liquor measuring about 81 bulk liters and they were arrested on 16.10.2016.

3.

Learned counsel for the applicants submits that the applicants have falsely been implicated in this case and they are in jail since 16.10.2016; therefore, they may be released on bail.

Page No.2 4.

Learned State counsel opposes the prayer for grant of bail, however, he would submit that as per the information received from the concerned SHO, the applicants have no previous antecedents of similar offence.

5.

Taking into consideration the totality of the circumstances and the fact that the quantity of seized liquor is 81 bulk liters; offence is triable by the JMFC and the applicants are in jail since 16.10.2016, 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.

8.

Certified copy as per rules.

Sd/- (Goutam Bhaduri) Judge Balram