1 2025:CGHC:18146 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3016 of 2025 Pankaj Kumar S/o Amar Dev Aged About 23 Years (Who Father Name Late Kailash Sao), R/o Village Medhari, P.S. Basantpur, District Balrampur-Ramanujganj (C.G.) ... Applicant(s) versus State Of Chhattisgarh Through Station House Officer, Police Station Basantpur (Wrongly Mentioned As Rajamnujganj In Annexure A-1), District Balrampur-Ramanujganj (C.G.) ... Respondent(s) For Applicant(s) : Mr. Pushpendra Kumar Patel, Advocate. For Respondent(s) : Ms. Shubha Shrivastava, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 22.04.2025 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.86/2024, AKHILESH KUMAR DEWANGAN Digitally signed by AKHILESH KUMAR DEWANGAN 2 registered at Police Station- Basantpur, District Balrampur- Ramanujganj (C.G.) for the offence punishable under Sections 34(2) and 36 of the Chhattisgarh Excise Act. 3. The prosecution story in brief, is that, on 04.06.2024, as per secret information received from the informant, the Police of Police Station Basantpur, District Balrampur-Ramanujganj (C.G.) seized 151.74 bulk liters of foreign liquor from the joint possession of applicant, who was driver of the vehicle, from which all the illegal liquors were kept and co-accused, 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 18.03.2025 and the conclusion of the trial is likely to take quite long time. Therefore, he prays for releasing the applicants 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 been filed before the competent Court and the quantity of liquor seized from the joint possession of applicant and co-accused i.e. 151.74 bulk liters of foreign liquor. Hence, he is not entitled for grant of bail. 3 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 in the present case charge-sheet has been filed before the competent Court and a huge quantity of liquor, totaling 151.74 bulk liters of foreign liquor was seized from the joint possession of the applicant and co-accused without any valid licence and 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 applicants on bail. 8. Accordingly, the bail application of the applicants namely Pankaj Kumar, involved in Crime No.86/2024, registered at Police Station- Basantpur, District Balrampur-Ramanujganj (C.G.) for the offence punishable under Sections 34(2) and 36 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