1 2025:CGHC:14954 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 1973 of 2025 Jageshwar Sahu S/o Shri Firatram Sahu Aged About 26 Years R/o Village Banglapli Police Outpost Sonakhan Thana Kasdol District - Balodabazar - Bhatapara (C.G.) ... Applicant versus The State Of Chhattisgarh Through Station Houe Officer Police Station Kasdol Police Outpost Sonakhan District - Balodabazar - Bhatapara (C.G.) ... Respondent For applicant : Shri Rajendra Patel, Advocate. For Respondent/State : Ms. Ankita Shukla, PL. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 27/03/2025 1. This is the first bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) for grant of regular bail to the applicant who has been arrested in connection with Crime No. 56/2025 registered at Police Station Police OutPost-Sonakhan, Thana Kasdol, District Balodabazar- Bhatapara (C.G.) for the offence punishable under Section 34(2) of the Chhattisgarh Excise Act. GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2025.04.01 12:11:49 +0530 2 2. Case of the prosecution, in brief, is that on 22.01.2025 the police party on patrolling duty, received the information and on the basis of the secret information police reached village Banglapali and alleged to be seized 35 Pouches of country made liquor which is 7.00 Bulk Litres country made liquor and on the basis of doubt registered the offence against the applicant and arrested him and after completing the investigation filed the charge sheet. 3. 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 under Section 34(2) of the Chattisgarh Excise Act, the minimum punishment is one year and maximum punishment is three years. Learned counsel submits that applicant is having 03 criminal antecedents under the Excise Act out of which two cases are pending. He also submits that the applicant is in jail since 22/01/2025 and the conclusion of the trial is likely to take quite long time. Therefore, he prays for releasing the applicant on regular bail. 4. Learned counsel appearing for the State/non-applicant would oppose the bail application and submit that the charge-sheet has been filed in the present case before the competent Court. She further submits that the applicant is having 03 criminal antecedents under the Excise Act out of which two cases are pending, as such, he is a habitual offender and is not entitled for grant of bail. 5. I have heard learned counsel for the parties and perused the case diary. 3 6. Considering the fact that the charge-sheet has been filed before the competent Court and in the present case the applicant is having 03 criminal antecedents under the Excise Act out of which two cases are pending and he is a habitual offender further he has misused the bail granted to him earlier and that the quantity of liquor seized is 7.00 Bulk Litres country made 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 this is not a fit case to enlarge the applicant on regular bail. 7. Accordingly, the bail application of the applicant-Jageshwar Sahu, involved in Crime No. 56/2025 registered at Police Station Police OutPost-Sonakhan, Thana Kasdol, District Balodabazar-Bhatapara (C.G.) for the offence punishable under Section 34(2) of the Chhattisgarh Excise Act, is rejected. 8. Needless to say that the trial Court concerned is at liberty to proceed and conclude the trial expeditiously. 9. OfÏce is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. - SD Sd/- (Ramesh Sinha) Chief Justice gouri