Extracted from the PDF above. The PDF is authoritative.
1
2025:CGHC:15689
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 457 of 2025 Nand Kishore Verma S/o Mr. Kumar Verma Aged About 32 Years Resident Of Village Mohara, Sub - P.S. Mohara, P.S. - Dongargarh, Dist - Rajnandgaon, Chhattisgarh.
... Applicant versus State of Chhattisgarh Through The Sub Police Station – Mohara, Police Station – Dongargarh, District – Rajnandgaon, Chhattisgarh.
... Non-applicant For Applicants : Mr. Raza Ali, Advocate. For Non-applicant/State : Mr. Bharat Gulbani, Panel Lawyer. Hon'ble Shri Ramesh Sinha, Chief Justice
Order On Board 03.04.2025
1. The applicant has preferred this application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of Anticipatory Bail, apprehending his arrest in connection with Crime No. 48/2025, registered at Sub Police Station – Mohara, Police Station – Dongargarh, District – Rajnandgaon (C.G.) for alleged commission of offence punishable under Sections 34(2) of the C.G. Excise Act. PREETI KUMARI Digitally signed by PREETI KUMARI
2
2. As per the prosecution story in brief, is that the Police of Police Station concerned has received secret information through the informant and on the basis of the such information, the Police has seized a total of 45 liters of liquor from the possession of the present applicant. Thereafter, and offence of Sections 34(2) of the C.G. Excise Act has been registered by the Police authority.
3. The learned counsel for the applicant has argued that the applicant is completely innocent and has been falsely implicated in the present case. It is further submitted that no any liquor was seized from the possession of the applicant and also the applicant was not present at the place of incident. Therefore, he prays for grant of anticipatory bail to the applicant.
4. On the other hand, learned State counsel raised a preliminary objection regarding the maintainability of the present anticipatory bail application as the same is not maintainable in view of the provisions contained in Section 59-A of the Chhattisgarh Excise Act, and submits that therefore, the present anticipatory bail application of the applicant is liable to be rejected on this ground alone.
5. I have heard learned counsel for the parties and perused the material available on record.
6.
Learned counsel for the applicants could not waive out the preliminary objection raised by the learned State counsel, hence, the present anticipatory bail application of the applicant – Nand Kishore Verma, filed under Section 482 of the B.N.S.S., 2023 for
3 grant of Anticipatory Bail, apprehending their arrest in connection with Crime No. 48/2025, registered at Sub Police Station – Mohara, Police Station – Dongargarh, District – Rajnandgaon (C.G.) for alleged commission of offence punishable under Sections 34(2) of the Chhattisgarh Excise Act, is dismissed as not maintainable, in view of Section 59-A of the Chhattisgarh Excise Act. Sd/- (Ramesh Sinha) Chief Justice Preeti