1 2025:CGHC:19965 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 1885 of 2025 Ravindra Kumar Bareth S/o Vishnu Lal Aged About 28 Years R/o Village Deragarh, Police Station Baradwar, Civil, Revenue And Distt. Jajgir-Champa Now New District Sakti (C.G.) ...Applicant versus State Of Chhattisgarh Through, Police Station House Officer, Excise Circle Sakti, Dist.- Sakti (C.G.) ... Respondent For Applicant : None appears. For Respondent/State : Shri Malay Jain, PL. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 01/05/2025 1. None appears nor any representation is made on behalf of the applicant to press this bail application when the case is called out. 2. It transpires from the record that the applicant is in jail since 30/01/2025. Hence, the Court proceeds to consider and hear the bail application of the applicant with the assistance of the State GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2025.05.02 19:53:36 +0530 2 counsel. 3. The applicant has preferred this First Bail Application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) for grant of regular bail, as he has been arrested in connection with Crime No.245/2024-25, registered at Police Station Excise Circle Sakti, Distt. Sakti (C.G), for the offence punishable under Section 34 (2) of Excise Act. 4. Case of prosecution, in brief, is that based on informant information, police of police station Sakti conducted a search of the applicant’s residential house and seized 22.66 liters of handmade liquor from the house of the applicant. A case was registered against the accused under Section 34(2) of the Excise Act. 5. Learned counsel for the State opposes the bail application and he has pointed out that the applicant is having two criminal antecedents under the Excise Act, one is of the year 2021 and the other is of the year 2024. He would submit that charge sheet has been filed in this case before the competent court. He would further submit that 22.66 bulk liters of handmade liquor was seized from the possession of the applicant which was kept in his house, therefore, he is not entitled for grant of bail. 6. I have perused the case diary. 7. Considering the fact that the applicant is having two criminal antecedents under the Excise Act, one is of the year 2021 and the 3 other is of the year 2024 and he is a habitual offender, further he has misused the bail granted to him earlier, and that the quantity of liquor seized is 22.66 bulk liters of handmade liquor and also in light of the judgment rendered by the Supreme Court in Deepak Yadav v. State of Uttar Pradesh & Another, reported in (2022) 8 SCC 559, wherein the Hon’ble Supreme Court had cancelled the bail granted to the accused therein on the ground that the accused had previous antecedents, this Court is of the opinion that it is not a fit case to enlarge the applicant on regular bail. 8. Accordingly, the bail application of the applicant-Ravindra Kumar Bareth filed under Section 483 of BNSS, involved in Crime No.245/2024-25, registered at Police Station Excise Circle Sakti, Distt. Sakti (C.G), for the offence punishable under Section 34 (2) of Excise Act, is rejected. 9. OfÏce is directed to send a certified copy of this order to the trial Court concerned for necessary information. Sd/- (Ramesh Sinha) Chief Justice gouri