1 2025:CGHC:16707 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 2797 of 2025 Labhoram Sahu S/o Shri Shankar Lal Sahu Aged About 41 Years R/o Village Chandan, Thana Rajadeori, District Balodabazar Bhatapara Chhattisgarh. ... Applicant(s) versus The State Of Chhattisgarh Through Station House Officer, P.S. Rajadeori, District Balodabazar Bhatapara Chhattisgarh. ... Respondent(s) For Applicant(s) : Mr. Sunil Sahu, Advocate. For Respondent(s) : Ms. Ankita Shukla, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 09/04/2025 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 AKHILESH KUMAR DEWANGAN Digitally signed by AKHILESH KUMAR DEWANGAN 2 connection with Crime No. 05/2025 registered at Police Station Rajadeori, District Balodabazar Bhatapara (C.G.), for the offence punishable under Section 34(2) of the Chhattisgarh Excise Act. 3. Case of the prosecution, in brief, is that on 24.01.2025, as per secret information received from the informant, the Police of Police Station Rajadeori, District Balodabazar Bhatapara (C.G.) seized 50 bulk liters of country made liquor from the possession of applicant, subsequently, he was arrested. Hence, the bail application. 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 under Section 34(2) of the Chattisgarh Excise Act, the minimum punishment is one year and maximum punishment is three years. He also submits that only on the basis of memorandum statement, present applicant has been made an accused, so far as criminal antecedents of the applicant are concerned, applicant has 10 criminal antecedents under the IPC, Excise Act and Public Gambling Act, out of which, two cases under the Excise Act are pending, applicant also has 11 cases of preventive measures, further applicant is in jail since 28.01.2025 and the conclusion of the trial is likely to take quite long time. Therefore, he prays for releasing the applicant on regular bail. 3 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. She further submits that the applicant has 10 criminal antecedent under the IPC, Excise Act and Public Gambling Act, as such, he is a habitual offender and is not entitled for grant of bail. 6. I have heard learned counsel for the parties and perused the case diary. 7. Considering the fact that the charge-sheet has been filed before the competent Court and in the present case the applicant has 10 criminal antecedent under the IPC, Excise Act and Public Gambling Act, three of these cases are under the Excise Act, out of which, two cases are pending, additionally, applicant also has 11 cases of preventive measures, which shows that he is a habitual offender, further he has misused the bail granted to him earlier and the quantity of liquor seized is 50 bulk liters of 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 that is not a fit case to enlarge the applicant on regular bail. 4 8. Accordingly, the bail application of the applicant-Labhoram Sahu, involved in Crime No. 05/2025 registered at Police Station Rajadeori, District Balodabazar Bhatapara (C.G.), for the offence punishable under Section 34(2) of the Chhattisgarh Excise Act, is rejected. 9. Needless to say that the trial Court concerned is at liberty to proceed and conclude the trial expeditiously. 10. Office is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance. - Sd/- (Ramesh Sinha) Chief Justice Akhil