Dismissed

Manoj Patre v. State of Chhattisgarh

Chhattisgarh HC24 Nov 2023MCRC/7852/2023

Case brief

AI extract

What is this about?

High Court of Chhattisgarh, Bilaspur dismissed a second bail application under Section 439 Cr.P.C. for an applicant in custody for alleged excise violations. Rejecting the plea, the judge cited the large quantity of liquor seized and prior criminal records.

What did the court decide?

Application under Section 439 Cr.P.C. rejected; direction to Trial Court to conclude trial expeditiously.

Manoj Patre Vs State of Chhattisgarh — Municipal and Town Planning | Chhattisgarh HC (2023)

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NAFR

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HIGH COURT OF CHHATTISGARH, BILASPUR

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MCRC No. 7852 of 2023

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Manoj Patre, S/o Late Bisahu Prasad Patre, Aged About 53 Years, resident of Gram Mohndi, P.S. Kota, District Bilaspur, Chhattisgarh.

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---- Applicant

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Versus

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State of Chhattisgarh Through Station House Officer, P.S. Kota, District Bilaspur, Chhattisgarh.

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---- Non-Applicant For Applicant : Mr. Nitansh Kumar Jaiswal, Advocate For Non-Applicant/State : Ms. Shubha Shrivastava, P.L.

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Hon'ble Shri Justice Sanjay Kumar Jaiswal

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Order on Board

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24.11.2023

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1 . This is second application filed under Section 439 of Code of Criminal Procedure, 1973 for grant of regular bail to applicant, who is in custody since 31.07.2023 in connection with Crime No.679 of 2023, registered at Police Station Kota, Civil and Revenue District Bilaspur, (C.G.)., for commission of offence punishable under Section 34(2) of the C.G. Excise Act.

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2 . The first bail application was dismissed as withdrawn vide order dated 11.09.2023 passed in MCRC No.5685 of 2023.

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3 . As per the prosecution case, on 31.07.2023, on the basis of a secret information, Police searched the house of applicant and seized 247 bulk liters of country made liquor from courtyard of applicant. Based on this, aforementioned offence has been registered against the present applicant.

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4 . Learned counsel for the applicant submits that applicant has been

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falsely implication in this case as the liquor has been seized from an open place. He further submits that seizure witnesses have turned hostile as they have not supported the case of the prosecution. He also submits that applicant is in jail since 31.07.2023 and there is no likelihood of the trial to be concluded at the earliest, therefore, present applicant may be released on bail.

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5 . On the other hand, counsel for the State opposes the bail application and submits that there are two previous criminal antecedents against the applicant. She further submits that huge quantity of liquor seized from the possession of applicant, hence, he may not be released on bail.

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6 . Heard learned counsel for the parties and perused the record.

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7 . Considering the entire facts and circumstances of the case, particularly taking note of the quantity of liquor, which is alleged to have been seized from the possession of applicant, there are two previous criminal antecedents against the applicant, period of custody undergone by the applicant and material available on record, I am not inclined to release the applicant on bail.

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8 . Accordingly, the bail application filed under Section 439 of Cr.P.C. is rejected. However, looking to the detention period of the present applicant, the Trial Court concerned is directed to conclude the trial expeditiously.

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Sd/--/ -- (Sanjay Kumar Jaiswal) Judge

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Yogesh

Manoj Patre v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

Manoj Patre v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

What the court decided

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