Allowed

Suresh Mishra v. State Of Chhattisgarh

Chhattisgarh HC7 Jul 2016MCRC/3346/2016

Case brief

AI extract

What is this about?

The High Court of Chhattisgarh allowed the first bail application of Suresh Mishra accused of possessing illicit liquor under Section 34(2) of the Excise Act, directed his release on a personal bond of Rs. 25,000 with one surety.

What did the court decide?

Bail allowed on furnishing a personal bond of Rs. 25,000 with one surety in the like sum to the satisfactory of the trial Court.

Suresh Mishra Vs State Of Chhattisgarh — Corruption | Chhattisgarh HC (2016)

¶1

NAFR

¶2

HIGH COURT OF CHHATTISGARH, BILASPUR

¶3

MCRC No. 3346 of 2016

¶4

Suresh Mishra, S/o Lakhan Mishra, Aged About 51 Years, R/o Sewta Para, Dongergaon, P.S. - Dongergaon, Civil & Revenue Distt. - Rajnandgaon Chhattisgarh

¶5

---- Applicant

¶6

Versus

¶7

State of Chhattisgarh Through : Excise Circle - Khairagarh, Distt. - Rajnandgaon Chhattisgarh

¶8

---- Respondent

¶9

------------------------------------------------------------------------------------------------------- For Applicant : Mr. Rakesh Thakur, Advocate For Respondent/State : Mr. Lav Sharma, Panel Lawyer -------------------------------------------------------------------------------------------------------

¶10

Hon'ble Shri Justice Goutam Bhaduri

¶11

Order On Board

¶12

07/07/2016

¶13

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 has been arrested in connection with Crime No. 52/2016 registered at Police Station- Excise Circle Khairagarh, District Rajnandgaon (C.G.) for the offence punishable under Section 34(2) of the Excise Act.

¶14

The prosecution alleges that the applicant was found to be in possession of illicit liquor measuring about 16.2 bulk liters and he was arrested on 22.05.2016.

¶15

Learned counsel for the applicant submits that the applicant has falsely been implicated in this case and the applicant is in jail since 22.05.2016, therefore, he may be released on bail.

¶16

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 applicant has no previous antecedents of similar offence.

¶17

Taking into consideration the totality of the circumstances and the fact that the quantity of seized liquor is 16.2 bulk liters; offence is triable by the JMFC and the applicant is in jail since 22.05.2016, this Court is inclined to release the applicant on bail.

¶18

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

¶19

It is directed that the applicant shall be released on bail on furnishing a personal bond for a sum of Rs.25,000/- with one surety in the like sum to the satisfaction of the concerned trial Court, for her appearance as and when directed.

¶20

Certified copy as per rules.

¶21

Sd/- (Goutam Bhaduri) Judge

¶22

Santosh

Suresh Mishra v. State Of Chhattisgarh

Case brief

What is this about?

What did the court decide?

Suresh Mishra v. State Of Chhattisgarh

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Chandrahas Yadav Vs State Of Chhattisgarh

Dr. Neelkanth Sahu Vs State Of Chhattisgarh

Ashish Trivedi Vs State Of Chhattisgarh

Jaggu @ Jageshwer Chandraker Vs State Of Chhattisgarh

Loknath Satnami Vs State Of Chhattisgarh

Anshul Dubey @ Aakarsh Dubey Vs State Of Chhattisgarh