1 2025:CGHC:2467 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 350 of 2025 Deepakdas Manikpuri S/o Hansdas Manikpuri Aged About 45 Years R/o Village Rajpur P.S. Nagri Tehsil Nagri District - Dhamtari (C.G.) ... Applicant(s) versus State Of Chhattisgarh Through Police Chowki - Birejhar P.S. Kurud District - Dhamtari (C.G.) ... Non-Applicant(s) For Applicant(s) : Mr. Shobhit Koshta, Advocate. For Non-Applicant(s) : Ms. Monika Thakur, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 15/01/2025 1. 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 connection with Crime No. 512/2024 registered at Police Station Police Chowki - Birejhar P.S. Kurud District - Dhamtari (C.G.), for the offence punishable under Section 34(2) of the Chhattisgarh Excise Act. 2. Case of the prosecution, in brief, is that on 07.12.2024, the Police of Police Station Police Chowki - Birejhar P.S. Kurud District – AKHILESH KUMAR DEWANGAN Digitally signed by AKHILESH KUMAR DEWANGAN Date: 2025.01.16 19:41:11 +0530 2 Tamarind (C.G.) received secret information from the informant alleging that the someone is selling liquor and on the basis of said information, the Police have conducted raid and seized 8.100 bulk liter country made liquor from the possession of the applicant, thereafter, the offence has been registered against the applicant. 3. 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. He also submits that the applicant has four criminal antecedents under the Excise Act, out of which, in two cases the applicant has been acquitted and rest of the two cases are still pending, he is in jail since 07.12.2024 and the conclusion of the trial is likely to take quite long time. Therefore, he prays for releasing the applicant on regular bail. 4. 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 four criminal antecedents under the Excise Act, as such, he is a habitual offender and his bail application is liable to be rejected. 5. I have heard learned counsel for the parties and perused the case diary. 3 6. Considering the fact that the charge-sheet has been filed before the competent Court and in the applicant has four criminal antecedents under the Excise Act, out of which, in two cases he has been acquitted, but rest of the two cases are still pending, as such, he is a habitual offender further he has misused the bail granted to him earlier, and that the quantity of liquor seized is 8.100 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. Accordingly, the bail application of the applicant-Deepakdas Manikpuri, involved in Crime No. 512/2024 registered at Police Station Police Chowki - Birejhar P.S. Kurud District - Dhamtari (C.G.), for the offence punishable under Section 34(2) 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. OfÏce 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