1 2025:CGHC:17203 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 1767 of 2025 Bhagwan Singh Verma S/o Shatruhan Verma Aged About 42 Years R/o Village Devari, Police Station And Tahsil Khairagarh, District Khairagarh- Chhuikhadan-Gandai Chhattisgarh ... Applicant versus State Of Chhattisgarh Through The Station House Officer, Excise Circle Khairagarh, District Khairagarh-Chhuikhadan-Gandai Chhattisgarh ... Respondent For applicant : Shri Shikhar Sharma, Advocate. For Respondent/State : Ms. Monika Thakur, PL. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 15/04/2025 1. Proceedings of this matter have been taken through video conferencing. 2. This is the first bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) for grant of regular GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2025.04.21 11:16:18 +0530 2 bail to the applicant who has been arrested in connection with Crime No. 132/2024-25 registered at Police Station Excise Circle Khairagarh, District Khairagarh-Chhuikhadan-Gandai (C.G.), for the offence punishable under Sections 34 (2), 36 & 59 (A) of C.G. Excise Act. 3. Case of the prosecution, in brief, is that on 16-02-2025 at about 7.20pm , the Police of Excise Circle Khairagarh, District Khairagarh-Chhuikhadan- Gandai (C.G.) during the patrolling have received information that the present applicant has kept more quantity of the liquor in his field and therefore the excise police have conducted raid and recovered total 450 bulk liter illicit liquor (worth Rs.1,50,000/) and when the police given notice under Section 91 of CRPC for producing the documents, but the present applicant failed to do so, therefore the crime has been registered against the present applicant. 4. Learned counsel for the applicant submits that the applicant has been falsely implicated in this case. The mandatory provisions with regard to search and seizure have not been followed by the Police in this case. He also submits that the under Section 34(2) of the Chattisgarh Excise Act, minimum punishment is one year and maximum punishment is three years. He also submits that the applicant has no criminal antecedents and he is in jail since 17/02/2025 and the conclusion of the trial is likely to take quite long time. Therefore, he prays for releasing the applicant on regular bail. 5. Learned Panel Lawyer, appearing for the State/non-applicant would oppose the bail application and submits that 450 bulk liter illicit liquor has been recovered from the possession of the applicant. 6. I have heard learned counsel for the parties and perused the case diary. 7. Considering the fact that the applicant is having no criminal antecedents, 3 but huge quantity of liquor that has been seized from the possession of the applicant i.e. 450 bulk liter illicit liquor, therefore, this Court is of the opinion that this is not a fit case to enlarge the applicant on regular bail. Accordingly, the bail application of the applicant - Bhagwan Singh Verma involved in Crime No. 132/2024-25 registered at Police Station Excise Circle Khairagarh, District Khairagarh-Chhuikhadan-Gandai (C.G.), for the offence punishable under Sections 34 (2), 36 & 59 (A) of C.G. 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. - Sd/- Sd/- (Ramesh Sinha) Chief Justice gouri