1 2025:CGHC:12909 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 2139 of 2025 Dhan Singh Nayak S/o Late Swami Ram Nayak Aged About 41 Years R/o Village- Pachpedi, Nayakpara, Police Station- Pachpedi, Civil And Revenue District- Bilaspur, Chhattisgarh. ... Applicant versus State Of Chhattisgarh Through The Station House OfÏcer, Police Station- Pachpedi, District Bilaspur, Chhattisgarh. ... Non-Applicant For Applicant : Mr. Paras Mani Shriwas, Advocate. For Non-Applicant/State : Mr. Sakib Ahmed, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 18.03.2025 1. The applicant has preferred this First Bail Application under Section 483 of Bharatiya Nagarik Nyay Sanhita, 2023 for grant of regular bail, as he has been arrested in connection with Crime No.41/2025, registered at Police Station -Pachpedi, District Bilaspur(C.G.) for the offence punishable under Section 34(2) of the Chhattisgarh Excise Act. 2. The prosecution story in brief, is that on 04.02.2025 Police OfÏcer’s of the Police Station – Pachpedi, District – Bilaspur (C.G.) have seized 7.740 bulk liters foreign and countries made liquor from possession of the PREETI KUMARI Digitally signed by PREETI KUMARI 2 applicant as per information given by the informer, thereafter, he subsequently been arrested at the same time. 3. Learned counsel for the applicant submits that the applicant is innocent and falsely implicated in this case. He further submits that at the time of incident no any liquor has been seized from possession of the applicant, further the applicant has two previous criminal antecedents, Crime No. 70/2024 under Section 34(2) of C.G. Excise Act and Crime No. 74/2024 under Section 34(1)(A) of C.G. Excise Act, which are still pending, further the charge-sheet has been filed and he is in jail since 04.02.2025 and 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 submits that the charge-sheet has been filed. He further submits that total 7.740 bulk liters foreign and countries made liquor has been seized from the possession of the applicant. He further submits that the applicant is having two previous criminal antecedents under the Excise Act, therefore, his bail application is liable to be dismissed. 5. I have heard learned counsel appearing for the parties and perused material available on record. 6. Considering the fact and circumstances of the case, nature of allegation levelled against the applicant and the fact that the applicant is having two previous criminal antecedents under the Excise Act, is still pending which shows that he is a habitual offender, further he has misused the bail granted to him earlier, and that the quantity of liquor seized is total 7.740 bulk liters foreign and countries made liquor has been recovered from the possession of the applicant and also in light of the judgment rendered by the Hon’ble Court in Deepak Yadav Vs. State of Uttar Pradesh & Another, reported in (2022) 8 SCC 559, wherein the Hon’ble Supreme 3 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. 7. Accordingly, the bail application of applicant – Dhan Singh Nayak involved in Crime No.41/2025, registered at Police Station -Pachpedi, District Bilaspur(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 provide a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- ((Ramesh Sinha) Chief Justice Preeti