Hari Kumar Sinha v. State Of Chhattisgarh

HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 8140 of 2016 Hari Kumar Sinha S/o Kartik Ram Sinha Aged About 47 Years R/o Dhangaon, Thana - Dongargaon, District Rajnandgaon Chhattisgarh ---- Applicant

Versus

State Of Chhattisgarh Through - Excise Circle Dongargaon, Revenue / Civil District Rajnandgaon Chhattisgarh ---- Respondent For applicant - Shri Samir Singh, Advocate. For Respondent/State - Shri Vivek Singhal, PL. Hon'ble Shri Justice Goutam Bhaduri Order 20/12/2016 1.

The applicant has preferred this application for grant of bail as he is arrested in connection with Crime No.337/2016 registered in Police Station Excise Circle, Dongargaon, Distt. Rajnandgaon for offence punishable under section 34 (2) of C.G. Excise Act. 2.

As per the prosecution case, on 28/11/2016 on raid being conducted from the possession of the applicant 18 bulk litres of liquor was seized.

3.

Learned counsel for the applicant submits that the applicant have been falsely implicated earlier in 2015, seizure witnesses in that case Ramesh Kumar Pandey and Sohan have turned hostile. He submits that in offence of similar like nature again the applicant has been inculpated in the false case, therefore the applicant may be released on bail. 4.

Learned State counsel opposes the prayer for grant of bail. 5.

Perused the statement of two witnesses Ramesh Kumar Pandey and Sohan. It appears that they have not supported the case of the prosecution. Considering the facts and circumstances of the case, nature

of allegation and in the back ground of this case, this court is inclined to release the applicant on bail.

6.

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

Sd/- (Goutam Bhaduri) JUDGE gouri