1 2025:CGHC:16201 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 2711 of 2025 Madheram Bareth S/o Bodhava Bareth Aged About 65 Years R/o Navapara, P.S.- Kotra Road, Tah. And District - Raigarh (C.G.) ... Applicant(s) versus State Of Chhattisgarh Through - Thana In-Charge, P.S.- Kotra Road, District - Raigarh (C.G.) ... Respondent(s) For Applicant(s) : Mr. Rajendra Tripathi, Advocate. For Respondent(s) : Ms. Shubha Shrivastava, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 07.04.2025 1. Proceedings of this matter have been taken through video conferencing. 2. The applicant has preferred this First Bail Application under Section 483 of Bhartiya Nagrik Suraksha Sanhita, 2023 for grant of regular bail, as he has been arrested in connection with Crime No.142/2025, registered at Police Station- Kotra Road, District - Raigarh (C.G.) for the offence punishable under Sections 34(2) and 59(A) of the Chhattisgarh Excise Act. 3. The prosecution story in brief, is that on 24.03.2025, as per secret AKHILESH KUMAR DEWANGAN Digitally signed by AKHILESH KUMAR DEWANGAN 2 information received by the informant, the Police of Police Station Kotra Road, District – Raigarh (C.G.) seized 152 bulk liters of liquor from the possession of applicant, thereafter, aforesaid offence has been registered against the applicant and 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 the under Section 34(2) of the Chattisgarh Excise Act, minimum punishment is one year and maximum punishment is three years and the applicant has no criminal antecedent and he is in jail since 24.03.2025 and the conclusion of the trial is likely to take quite long time. Therefore, he prays for releasing the applicant on regular bail. 5. On the other hand, learned counsel for the State opposes the bail application and submits that in the present case, charge-sheet has not been filed and the quantity of liquor seized from the possession of the applicant i.e. 152 bulk liters of liquor. Hence, he 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 and circumstances of the case, nature and gravity of offence levelled against the applicant and the fact that though in the present case charge-sheet has not been filed, but huge quantity of liquor, totaling 152 bulk liters of liquor was seized from the possession of the applicant without any valid licence and 3 no plausible explanation has been offered in this regard. Furthermore, considering the gravity and seriousness of this case and it cannot be a case of false implication, this Court is of the view that it is not a fit case to enlarge the applicant on bail. 8. Accordingly, the bail application of the applicant, namely, Madheram Bareth, involved in Crime No.142/2025, registered at Police Station- Kotra Road, District - Raigarh (C.G.) for the offence punishable under Sections 34(2) and 59(A) of the Chhattisgarh Excise Act, is rejected at this stage. 9. Needless to say that the trial Court concerned is at liberty to proceed and conclude the trial expeditiously. 10. OfÏce is directed to provide a certified copy of this order to the trial Court concerned for necessary information and compliance. Sd/- (Ramesh Sinha) Chief Justice Akhil