1 2025:CGHC:28755 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 4108 of 2025 Dileep Dhritlahre S/o Krishna Kumar Aged About 29 Years R/o Village- Madhar, Police Station Simga, District- Balodabazar-Bhatapara (C.G.) ... Applicant versus State Of Chhattisgarh Through - Station House Officer, Palari District- Balodabazar-Bhatapara (C.G.) ... Respondent For Applicant : Shri Sunil Verma, Advocate. For Respondent/State : Shri Bharat Gulbani, PL. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 27/06/2025 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.564/2024 registered at Police Station GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2025.06.30 14:56:16 +0530 2 Palari District- Balodabazar-Bhatapara (C.G.), for the offence punishable under Section 34(2) of C.G. Excise Act. 2. Case of the prosecution, in brief, is that on 20-12-2024. According to the case diary during patrolling information received by the informant through mobile and in the investigation by Sub-inspector with his staffs going on at village sundri in that time the co- accused of memorandum received kept illicit liquor 17.100 bulk litters of liquor seized from the applicant. The Police of Police Station Palari District Balodabazar-Bhatapara has registered the case for an offence punishable under Section 34 (2) of C.G. Excise Act 1915, 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 under Section 34(2) of the Chattisgarh Excise Act, the minimum punishment is one year and maximum punishment is three years. He submits that the applicant has six criminal antecedents under the Excise Act, out of which in four cases he has been acquitted and two cases are pending. He also submits that the applicant is in jail since 20/12/2024, charge sheet has been filed and the conclusion of the trial is likely to take quite long time. Therefore, he prays for releasing the applicant on regular bail. 3 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. He further submits that the applicant has six criminal antecedents under the Excise Act, out of which in four cases he has been acquitted and two cases are pending, as such, he is a habitual offender and is not entitled for grant of bail. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the fact that the charge-sheet has been filed before the competent Court and in the present case the applicant is having 02 criminal antecedents pending under the Excise Act and he is a habitual offender further he has misused the bail granted to him earlier and that the quantity of liquor seized is 17.100 bulk litters 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 this is not a fit case to enlarge the applicant on regular bail. 7. Accordingly, the bail application of the applicant-Dileep Dhritlahre, involved in Crime No.564/2024 registered at Police Station Palari District- Balodabazar-Bhatapara (C.G.), for the 4 offence punishable under Section 34(2) of C.G. Excise Act, is rejected. 8. Office is directed to send a certified copy of this order to the trial Court concerned for necessary information. Sd/- (Ramesh Sinha) Chief Justice gouri