LABHORAM SAHU vs THE STATE OF CHHATTISGARH

1 NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No.

4122 of 2023 Labhoram Sahu S/o.

Shri Shankar Lal Sahu Aged About 40 Years R/o.

Village Chandan Thana - Rajadevri District - Balodabazar - Bhatapara Chhattisgarh ---- Applicant Versus The State of Chhattisgarh Through Excise Officer, Excise Circle Kasdol, District Balodabazar - Bhatapara Chhattisgarh ---- Respondent For Applicant : Ms.

Supriya Upasane, Advocate.

For Respondent-State : Mr.

Chandresh Shrivastava, Additional Advocate General.

Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 22.06.2023 1.

The applicant has preferred this First Bail Application under Section 439 of Cr.P.C. for grant of regular bail, as he has been arrested in connection with Crime No.90/2023, registered at Police Station Excise Circle Kasdol, District- Balodabazar-Bhatapara, C.G. for the offence punishable under Section 34(1)(a)(f), 34(2) of the Excise Act.

2.

The prosecution story in brief, is that, on 19.03.2023, the Police of the Police Station Balodabazar on information received from the police informant conducted a raid and arrested the accused in and from his possession 150 bulk liter of country Liqour has been seized.

Thereafter, the offence has been registered.

3.

It was argued by the learned counsel for the applicant that the 2 applicant is innocent and falsely implicated in this case.

He is in jail since 19.03.2023 and trial is likely to take some time for its conclusion.

Therefore, he prays for grant of bail.

4.

On the other hand, learned counsel for the State opposes the bail application and submits that huge quantity of country liquor i.e.

150 bulk liter has been recovered from the possession of the applicant.

It is also submitted that applicant has seven criminal antecedents in which three cases are of under the Excise Act, therefore, his bail application is liable to be dismissed.

5. missed.

5.

Considering the previous criminal antecedents of the present applicant, this Court is of the opinion that it is not a fit case to enlarge the applicant on regular bail as he is habitual offender.

Accordingly, the bail application of applicant- Labhoram Sahu involved in Crime No.90/2023 under Section 34(1)(a)(f), 34(2) of the Excise Act at Police Station Excise Circile Kasdol, District Balodabazar-Bhatapara, Chhattisgarh, is rejected.

6.

However, this Court hopes and trusts that the trial Court shall make earnest endeavour to conclude the trial expeditiously within a period of six months from the date of receipt of a certified copy of this order, if there is no legal impediment.

7.

Office is directed to provide a certified copy of this order to the trial Court concerned for necessary information and compliance within one week from today.

Sd/- (Ramesh Sinha) Chief Justice Hem