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HIGH COURT OF CHHATTISGARH
Hon'ble Shri Justice Deepak Kumar Tiwari
SUBHASH KUSHWAHA – Appellant
Versus
STATE OF CHHATTISGARH – Respondent


Order On Board

25/4/2022 1. Heard.

2. This is an 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.141/2018, registered at Police Station Excise Circle, Durg, Inner South, District Durg for the offence punishable under Sections 34(1)

(A), 34(2), 36, 59A of the Chhattisgarh Excise Act.

3. The case of the prosecution is that on a raid conducted in the premises of Land Landmark School, Resali, Padmanbhpur, 4190.4 bulk litres of illicit liquor (Desi Madira Plain Pav) was seized from the premises of the School. It is alleged that the applicant is the owner of the land on which the School has been constructed. The applicant had appointed the main accused Jitendra Sahu as the Watchman of the School. It is also claimed that during the Vidhan Sabha Elections of 2018, all the vehicles of the School were taken by the Government for election purposes and key of the premises were handed over to accused Jitendra Sahu. It is also stated that at the time of recovery of the liquor, accused Jitendra Sahu was present.

4. Learned counsel for the applicant submits that the applicant is innocent

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