2025:CGHC:15666 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 2629 of 2025 Vivek Sahu S/o Shatruhan Sahu Aged About 23 Years R/o Gondaiyapara, P.S.- Ratanpur, District- Bilaspur (C.G.) ...Applicant versus State Of Chhattisgarh Through- Station House Officer Police Station Ratanpur, District- Bilaspur (C.G.) ... Respondent For Applicant : Mr. Ishwar Jaiswal, Advocate. For Non-Applicant/State : Mr. Hariom Rai, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 03.04.2025 1. The applicant has preferred this First Bail Application under Section 483 of B.N.S.S. for grant of regular bail, as he has been arrested in connection with Crime No. 57/2025, registered at Police Station Ratanpur, 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 24/01/2025 police has received information by the informant during patrolling that one VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2025.04.04 10:55:21 +0530 unknown has kept illegal liquor to sale and police has seized total 06 bulk litter kachhi mahua liquor from possession of the applicant and police has registered a case against the present applicant in crime no. 57/2025, the offence punishable under section 34(2) of the C.G.Excise Act. 3. Learned counsel for the applicant submits that the applicant has been falsely implicated in this case and no seizure has been made from the exclusive possession of the applicant. He further submits that the applicant is having 04 criminal antecedents under the Excise Act out of which two cases are still pending and two cases are disposed of. He also submits that under Sections 34(2) of the Chhattisgarh Excise Act, minimum punishment is one year and maximum punishment is three years and the applicant has been in jail since 24.01.2025 and the conclusion of the trial is likely to take quite long time. Therefore, he prays for releasing the applicant on regular bail. 4. On the other hand, learned State Counsel appearing for the State/non-applicant opposes the bail application and submits that in the present case charge-sheet has been filed before the competent Court. He submits that the present applicant has 04 criminal antecedents under the Excise Act, which shows that the present applicant is a habitual offender. As such, he is not entitled for grant of bail. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the facts and circumstances of the case also considering the fact that the applicant has 4 criminal antecedents under the Excise Act, shows that the present applicant is a habitual offender 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 it is not a fit case to enlarge the applicant on regular bail. Accordingly, the bail application of the applicant – Vivek Sahu, involved in Crime No. 57/2025, registered at Police Station Ratanpur, District – Bilaspur (C.G) for the offence punishable under Section 34(2) of the Chhattisgarh Excise Act, is rejected at this stage. 7. Needless to say that the trial Court concerned is at liberty to proceed and conclude the trial expeditiously. 8. Office is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice vaibhav