1 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 4017 of 2025 1 - Gurunanak Lahare S/o Rajkumar Aged About 25 Years R/o Village - Sindhari, Police Station - Sakri, District - Bilaspur (C.G.) ... Applicant versus 1 - State Of Chhattisgarh Through - Station House Officer, Police Of Police Station - Sakri, District - Bilaspur (C.G.) ... Non-applicant For Applicant : Mr. Livkush Kumar Sahu, Advocate. For Non-applicant/State : Mr. Jitendra Shrivastava, G.A. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 22.05.2025 1. The applicant has preferred this First Bail Application under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as he has been arrested in connection with Crime No. 131/2025, registered at Police Station Sakri, District VISHAKHA BEOHAR Digitally signed by VISHAKHA BEOHAR 2 Bilaspur, (C.G.) for the offence punishable under Sections 34(2) & 59(A) of the C.G. Excise Act. 2. The case of the prosecution, in brief, is that, on 11.03.2025, the police of Police Station Sakri, District – Bilaspur (C.G.), received an information from the informant and on the basis of the said information conducted a raid and seized 5.400 bulk liters of country made liquor from the possession of the applicant. Thereafter, Police has registered an aforesaid offence against the present applicant. 3. It is argued by the learned counsel for the applicant that the applicant is falsely implicated in this case. He submits that under Section 34(2) of the Excise Act, minimum punishment is one year and maximum punishment is three years, and the applicant is in jail since 11.03.2025 and the trial is likely to take some time for its conclusion, therefore, he prays for grant of regular bail to the present applicant. 4. On the other hand, the learned State counsel opposes the bail application and submits that the charge-sheet has already been filed before the competent Court. He further submits that from the possession of the present applicant 5.400 bulk liters of country made liquor was seized and he is also having 2 criminal antecedents of the same nature which are pending against him, therefore, he is not entitled for grant of regular bail. 5. I have heard learned counsel for the parties and perused the 3 case-diary. 6. Taking into consideration the facts and circumstances of the case, nature and gravity of allegation levelled against the applicant and the fact that the applicant has 02 criminal antecedents under the Excise Act, which are already pending against him, shows that the present applicant is a habitual offender and also in light of the judgment rendered by the Hon’ble 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 it is not a fit case to enlarge the applicant on regular bail. Accordingly, the bail application of the applicant – Gurunanak Lahare, involved in Crime No. 131/2025 registered at Police Station Sakri, District Bilaspur (C.G.), for the offences punishable under Sections 34(2) & 59(A) of C.G. Excise Act, is hereby rejected. 7. Office is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Vishakha