1 2025:CGHC:17456 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 2208 of 2025 • Jaswant Sahu S/o Late Dhansai Sahu Aged About 26 Years R/o Village Khorpa, P.S. Abhanpur, District Raipur Chhattisgarh ... Applicant versus • State Of Chhattisgarh Through Station House Officer, Police Station Abhanpur, District Raipur Chhattisgarh ... Non-applicant For Applicant : Mr. Bharat Lal Sahu, Advocate For Non-applicant : Mr. Hariom Rai, Panel Lawyer Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 16/04/2025 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 bail to the applicant who has been arrested in connection with Crime No.86/2025 registered at Police Station 2 Abhanpur, District Raipur (C.G.), for the offence punishable under Section 34(2) of the Chhattisgarh Excise Act. 3. Case of the prosecution, in brief, is that the Police of Police Station, Abhanpur, District – Raipur (C.G.) has received secret information by the informant and conduct a raid and seized 10.800 bulk liters country made liquor from the illegal possession of the applicant and thereafter, the Police has registered a case for the offence punishable under Section 34(2) of the Chhattisgarh Excise Act against the 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 and the applicant is in jail since 05.03.2025 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 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. He further submits that the applicant is having 08 criminal antecedent and he is a habitual offender. As such, he is not entitled for grant of bail. 6. I have heard learned counsel for the parties and perused the case diary. 3 7. Considering the fact that the present applicant has 8 criminal antecedent and he is a habitual offender, further he has misused the bail granted to him earlier, and that the quantity of liquor seized is 10.800 bulk liters country made liquor and also in light of the judgment rendered by the Hon’ble 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 is not a fit case to enlarge the applicant on regular bail. Accordingly, the bail application of the applicant- Jaswant Sahu filed under Section 439 of the Cr.P.C., involved in Crime No. 86/2025 registered at Police Station Abhanpur, District Raipur (C.G.), for the offence punishable under Section 34(2) of the Chhattisgarh Excise Act, is rejected. 8. Office is directed to send a certified copy of this order to the trial Court concerned for necessary information. - Sd/- (Ramesh Sinha) Chief Justice vaishali VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2025.04.21 13:24:27 +0530