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2025 DAILYLAW 16323 (CHH)

PURUSHOTTAM MANIKPURI v. STATE OF CHHATTISGARH

MCRC/2688/2025 · 2025-04-04

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Judgment text

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1 2025:CGHC:15889 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 2688 of 2025 Purushottam Manikpuri S/o Maheshdas Manikpuri Aged About 25 Years R/o Kuajati, P.S. - Ratanpur, District - Bilaspur (C.G.) ... Applicant versus State Of Chhattisgarh Through - Station House Officer, Police Station - Ratanpur, District - Bilaspur (C.G.) ... Respondent For applicant : Shri Ishwar Jaiswal, Advocate. For Respondent/State : Shri Hariom Rai, PL. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 04/04/2025 1. The applicant has preferred this First Bail Application under Section 483 of Bhartiya Nagrik Suraksha Sanhita, 2023 for grant of regular bail, as he has been arrested in connection with Crime No.95/2025, registered at Police Station- Ratanpur, Civil and Revenue District - Bilaspur (C.G.) for the offence punishable under Sections 34(2) of the Chhattisgarh Excise Act. GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2025.04.05 18:46:24 +0530 2 2. The prosecution story in brief, is that, on 09/02/2025 the police has received information by the informant during patrolling that one unknown has kept illegal liquor to sale and police has seized total 225 bulk liter hand made kachhi mahua liquor from possession of the applicant and police has registered a case against the present applicant in crime no. 95/2025, the offence punishable under section 34(2) of the C.G. Excise Act. 3. Learned counsel for the applicant submits that the applicant has been falsely implicated in this case. The alleged liquor has not been recovered from exclusive possession of the applicant. He also submits that for under Section 34(2) of the Chattisgarh Excise Act, minimum punishment is one year and maximum punishment is three years and the applicant has no criminal antecedent and he is in jail since 09.02.2025 and the conclusion of the trial is likely to take quite long time. Therefore, he prays for releasing the applicant on regular bail. 4. On the other hand, learned counsel for the State opposes the bail application and he would submit that the quantity of liquor seized from the possession of the applicant is 225 bulk liter hand made kachhi mahua liquor. Hence, he is not entitled for grant of bail. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the facts and circumstances of the case, nature and gravity of offence levelled against the applicant and also the fact that huge quantity of liquor, i.e. 225 bulk liter hand made kachhi mahua liquor was seized from the possession of the applicant without any valid licence and no plausible explanation has been offered in this regard. Furthermore, considering the gravity and seriousness of this case and it cannot be a case of false implication, this Court is of the view that it is not a fit case to enlarge the applicant on bail. 3 7. Accordingly, the bail application of the applicant, namely, Purushottam Manikpuri involved in Crime No.95/2025, registered at Police Station- Ratanpur, District - Bilaspur (C.G.) for the offence punishable under Sections 34(2) of the Chhattisgarh Excise Act, is rejected at this stage. 8. Needless to say that the trial Court concerned is at liberty to proceed and conclude the trial expeditiously. 9. OfÏce is directed to provide a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice gouri