Page No.1 of 3 IN MCRC-3306-2025 2025:CGHC:22075 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3306 of 2025 Ghurau Nishad Aged About 36 Years R/o Village- Anshula, Police Station - Sankara, District Mahasamund. ... Applicant Versus State of Chhattisgarh Through Central Excise Circle Sankara District- Mahasamund ... Respondent [Cause-title taken from Case Information System (CIS)] ------------------------------------------------------------------------------------------------ For Applicant : Mr. Surfaraj Khan, Advocate For Respondent : Mr. Suyash Dhar Badgaiya, Dy. GA ----------------------------------------------------------------------------------------------- (Single Bench: Hon’ble Mr. Ramesh Sinha, Chief Justice) Order on Board 15.05.2025 1. This is the First Bail Application filed under Section 483 of the Bhartiya Nagrik Shuraksha Sanhita for grant of regular bail to the applicant who has been arrested on 19.03.2025 in connection with Crime No.110/2025, registered by the Central Excise Circle Sankara, District Mahasamund (C.G.) for the offence punishable under Section 34(2) of the Chhattisgarh Excise Act. 2. The case of the prosecution, in brief, is that on 08.02.2025, when the joint team of Excise Department- Sankara, Basna and Saraipali stopped the applicant, who was driving an unnumbered Blue Hero Maestro Sctooy, at Sapos Marg of Village Anshula by Page No.2 of 3 IN MCRC-3306-2025 block-heading, the applicant firstly ran away from the spot and absconded. Thereafter, when the search of the said vehicle (Sctooy) was made, total 35 liters of country made liquor (mahua) was found kept in the said vehicle, upon which, offences in question was registered against the applicant and he was arrested on 19.03.2025. 3. Learned counsel for the applicant submits that the applicant is innocent and has falsely been implicated in this case. He further submits that there is no evidence against the applicant to connect him with the offence in question. Infact, the alleged liquor has not been seized from the exclusive possession of the applicant. He would lastly contend that there is no criminal antecedent against the applicant, charge-sheet has been filed, applicant is in jail since 19.03.2025 and trial is likely to take some time, therefore, it is prayed that the applicant may be released on bail. 4. Per contra, learned counsel appearing on behalf of the State opposes the bail application and submits that the applicant is a habitual offender. 05 other criminal cases are registered against the applicant and, out of which, 04 are of Excise Act and 03 cases are pending consideration. Therefore, he is not entitled for grant of bail. 5. I have heard learned counsel for both the parties, perused the case diary and other materials available on record. 6. Taking into consideration the facts and circumstances of the case, Page No.3 of 3 IN MCRC-3306-2025 the applicant, who is a habitual offender as 05 other criminal cases are registered against him and, out of which, 04 are of Excise Act and 03 cases are also pending consideration, therefore, 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 applicant – Ghurau Nishad involved in Crime No.110/2025, registered by the Central Excise Circle Sankara, District Mahasamund (C.G.) for the offence punishable under Section 34(2) of the Chhattisgarh Excise Act, is hereby rejected. 7. Office is directed to send a certified copy of this order to the trial Court for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice s@if