1 2025:CGHC:15014 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 2508 of 2025 1 - Prem Dhanwar S/o Etwar Singh Dhanwar Aged About 19 Years R/o Village Delari, P.S. Punjipathra, District- Raigarh ( C.G. ) Current Address) 2 - Ashok Ram Paswan S/o Sakaldeep Paswan Aged About 43 Years R/o Village Bankat, P.S. Kandi, District- Garhwa ( Jharkhand ) Current Address Village Pali, P.S. Punjipathra District- Raigarh ( C.G. ). ... Applicants versus State Of Chhattisgarh Through- The Station House Officer, P.S. Punjipathra District- Raigarh ( C.G. ). ... Respondent For Applicant : Mr. Ankit Singh, Advocate. For Non-Applicant/State : Ms. Smriti Shrivastava, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 28.03.2025 1. The applicants have preferred this First Bail Application under Section 483 of B.N.S.S. for grant of regular bail, as they have arrested in connection with Crime No.53/2025, registered at Police Station Punjipathra, District – Raigarh (C.G) for the VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2025.03.29 12:20:55 +0530 2 offence punishable under Section 34(2) & 59(A) of the Chhattisgarh Excise Act. 2. The prosecution story in brief, is that on 09.02.2025, the police of Police Station Punjipathra District Raigarh (C.G.) has been seized 100 bulk liter handmade Mahua liquor from the present applicants, accordingly the alleged offence is registered and the applicants have been arrested for the offence under Section 34(2) & 59(A) of the Chhattisgarh Excise Act. 3. Learned counsel for the applicants submit that the applicants have been falsely implicated in this case and no seizure has been made from the exclusive possession of the applicant. He further submits that the applicants have no previous criminal antecedents. He also submits that under Sections 34(2) & 59(A) of the Chhattisgarh Excise Act, minimum punishment is one year and maximum punishment is three years and the applicant has been in jail since 12.03.2025 and the conclusion of the trial is likely to take quite long time. Therefore, they prays for releasing the applicants on regular bail. 4. On the other hand, learned State Counsel appearing for the State/non-applicant opposes the bail application and submits that total 100 bulk liters of hand made mahua liquor has been seized from the possession of the applicant in the present case charge- sheet has been filed before the competent Court. As such, they are not entitled for grant of bail. 3 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the facts and circumstances of the case and further considering the quantity of the seized liquor i.e. 100 bulk liter hand made Mahua further the charge-sheet has been filed, 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 applicants – Prem Dhanwar & Ashok Ram Paswan involved in Crime No. 53/2025, registered at Police Station Punjipathra, District – Raigarh (C.G) for the offence punishable under Section 34(2) & 59(A) of the Chhattisgarh Excise Act, is rejected. 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