Ganesh Chandra Sen v. the State of Jharkhand

Jharkhand HC16 Aug 2024B.A./5499/2024

Case brief

AI extract

What is this about?

Regular bail allowed; illicit liquor/hooch case (134 litres recovered); Sections 272 & 273 IPC and Section 47(a) Jharkhand Excise Act 1915; seizure memo without independent witnesses; no FSL report on noxious liquor; custody since 10.05.2024; no criminal antecedents; bail bond Rs. 25,000 with two like sureties; Godda; Sunderpahari PS Case No. 27 of 2024; single judge (Subhash Chand, J.), decided 16.08.2024.

What did the court decide?

Release on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each, to the satisfaction of the court concerned in Sundarpahari P.S. Case No. 27 of 2024. ¶¶14

Ganesh Chandra Sen Vs the State of Jharkhand — Jharkhand HC (2024) — LawSathi Research

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IN THE HIGH COURT OF JHARKHAND AT RANCHI

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B.A. No. 5499 of 2024

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Ganesh Chandra Sen, aged 44 years, S/o Late Ramprad Sen, Resident of Village Dhami, Bayar, P.O. & P.S. Sunderpahari, District Godda …. … Petitioner

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Versus

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The State of Jharkhand …. ... Opp. Party --------

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CORAM : HON’BLE MR. JUSTICE SUBHASH CHAND

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For the Petitioner : Mrs. Vani Kumari, Advocate For the State : Mr. Anup Pawan Topno, A.P.P. --------

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Order No. 05/ dated 16.08.2024

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Heard learned counsel for the applicant and the learned A.P.P. for the State.

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This bail application has been filed on behalf of the applicant-Ganesh Chandra Sen with the prayer to release on bail in connection with Sundarpahari P.S. Case No. 27 of 2024, registered under Sections 272 & 273 of the Indian Penal Code and Section 47(a) of the Jharkhand Excise Act, 1915, pending in the Court of the learned Sub-Judge-IV cum Judicial Magistrate, 1^st Class, Godda.

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As per allegations made in the F.I.R. on 09.05.2024 at 9 O’ clock the informant had received the information in regard to illegal sale of illicit liquor in Dhamni Bazar situated in village Dhamini. Accordingly, the raid was carried out by a Team and saw a person who was making effort to flee away seeing the police party that very person was nabbed who was identified as Ganesh Chandra Sen. On being interrogated it was told by him that he sells the hooch and on search being

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made of his house, illicit liquor was recovered, details of which is given in the F.I.R. itself. Total hooch was 134 litre of which no document could be produced. The seizure memo was prepared and the F.I.R. was lodged.

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From the very perusal of the seizure memo, it is found that there is no independent witness of the same rather both the witness are the police personnel. So far as the offence under Sections 272 and 273 of I.P.C. is concerned, admittedly no F.S.L. report has been received till date in regard to the liquor being noxious. The petitioner has been languishing in Jail since 10.05.2024 having no criminal antecedent.

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In view of the above, the bail application of the petitioner is allowed. Let the applicant be released on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the court concerned in the aforesaid case.

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(Subhash Chand, J.)

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P.K.S

Ganesh Chandra Sen v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

Ganesh Chandra Sen v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

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