Extracted from the PDF above. The PDF is authoritative.
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2025:CGHC:32329
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 4159 of 2025 Kheersai Ratre S/o Parasram Ratre Aged About 40 Years R/o Village- Sonamundi, P.S. - Basna, Tahsil - Basna, District - Mahasamund (C.G.)
... Applicant(s) versus State Of Chhattisgarh Through - Station House Officer, Police Station Excise Circle Basna, District- Mahasamund (C.G.)
... Non-applicant(s) For Applicant : Mr. Sudhir Kumar Sahu, Advocate. For Non-applicant/State : Ms. Monika Thakur, Panel Lawyer. Hon'ble Shri
Ramesh Sinha
, Chief Justice
Order on Board 11.07.2025
1. 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.40/2025, registered at Police Station- Excise Circle Basna, District- Mahasamund (C.G.) for the offence punishable under Sections 34(2) of the Chhattisgarh Excise Act.
2. The prosecution story in brief, is that as per secret information receive from the informant, on the basis of said information the Police conducted raid and have seized 75 liters of country made KUNAL DEWANGAN Digitally signed by KUNAL DEWANGAN
2 hand kachchi Mahua liquor and 1000 kgs of Mahua Lahan from the possession of the applicant. Thereafter, the crime has been registered for an offence punishable under Section 34(2) of the Chhattisgarh Excise Act.
3.
Learned counsel for the applicant submits that the applicant has been falsely implicated in this case. The alleged liquor has not been recovered from exclusive possession of the applicant. He also submits that for the offence 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 06.05.2025 and the conclusion of the trial is likely to take quite long time. Therefore, he prays for releasing the applicant on regular bail.
4. 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 however, the quantity of liquor seized from the possession of the applicant i.e. 75 liter of country made hand kachchi liquor and further 1000 kgs of Mahua Lahan which is huge quantity. Hence, he 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 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 however, a huge quantity of country made kachchi liquor, i.e.
3 75 liters and further 1000 kgs of Mahua Lahan has been seized from the possession of the applicant 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 applicant on bail.
7. Accordingly, the bail application of the applicant namely Kheersai Ratre, involved in Crime No.40/2025, registered at Police Station- Excise Circle Basna, District-Mahasamund (C.G.) for the offence punishable under Sections 34(2) of the Chhattisgarh Excise Act, is rejected at this stage.
8. Needless to say that the trial Court concerned is at liberty to proceed and conclude the trial expeditiously.
9. Office is directed to provide a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/-
(Ramesh Sinha)
Chief Justice
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