1 2025:CGHC:22447 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 4151 of 2025 • Lokhan Prasad Mahobiya S/o Surtilal Aged About 38 Years R/o Karaundakala, Police Station - Amarkantak, District- Anuppur (M.P.) ... Applicant versus • State Of Chhattisgarh Through Station House Officer, Police Station - Kukdur, District- Kabirdham (C.G.) ... Non-Applicant For Applicant : Jitendra Chandrakar, Advocate For Non- Applicant/State : Nitansh Jaiswal, Panel Lawyer Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 29/05/2025 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. 22/2025 registered at Police Station Kukdur, Distt. Kabirdham (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 08.02.2025 Inspector J.L. Shandilya of Police Station - Kukdur along with Assistant Sub-Inspector Kumar Mangalam and Constable No. 59 Dujaram, went on patrol in a SIDDHANT TAMRAKAR Digitally signed by SIDDHANT TAMRAKAR Date: 2025.05.29 17:59:40 +0530 2 government-acquired vehicle bearing registration No. CG-09 JP-9796. They got down from the jeep at Chhuiha Tiraaha and were waiting to check suspicious vehicles entering Chhattisgarh from Madhya Pradesh. At that time, a vehicle came down from the hill and upon seeing the police beacon on the jeep and the police staff, reversed and attempted to go back up the hill road. Due to suspicion, the police pursued the said vehicle for approximately 4 kilometers and apprehended it. Upon conducting a lawful search, a total of 39 cartons containing 1950 quarter bottles of country-made plain liquor, each containing 180 ml total 351 bulk liters were recovered from the vehicle under the possession of the accused Piyush. The police of Police Station - Kukdur, District Kabirdham (C.G.) registered FIR bearing Crime No. 22/2025 for the offence punishable under Section 34(2) of C.G. Excise Act and arrested the accused Piyush. The vehicle a Bolero bearing registration No. CG-10 P-6651 was seized by the police. Charge-sheet has been filed and the case is pending before the learned Judicial Magistrate First Class, Pandariya, Kabirdham (C.G.) as Criminal Case No. 456/2025. 3. Learned counsel for the applicant would submit that the applicant has been falsely implicated in this case and he is in jail since 30.03.2025. He would further submit that the mandatory provisions with regard to search and seizure were not complied with in this case. He would also submit that the bail applications of two of the co-accused persons, namely, Tulsi Kashyap and Piyush Kumar have already been rejected by this Court vide orders dated 07.05.2025 and 20.03.2025 in MCRC Nos. 3547 of 3 2025 and 1741 of 2025, respectively and the case of present applicant is identical to that of the co-accused persons, the conclusion of the trial may take quite long time. Accordingly, he prays for enlarging 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. He would further submit that total 351 bulk liters of liquor recovered from the possession of the applicant, therefore, the applicant is not entitled to be released on bail. 5. I have heard learned counsel appearing 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 though the quantity of liquor seized from the possession of the co-accused i.e. 351 bulk liters of liquor, and the name of the applicant has come into light from the memorandum statement of the co-accused as the applicant has ordered for purchase of the said liquor, and the bail application of the co- accused has already been rejected by this Court vide order dated 07.05.2025 and 20.03.2025, passed in MCRC Nos. 3547 of 2025 and 1741 of 2025 respectively. Furthermore, considering the gravity and seriousness of this case, 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. 4 7. Accordingly, the bail application of the applicant- Lokhan Prasad Mahobiya, involved in Crime No. 22/2025 registered at Police Station Kukdur, Distt. Kabirdham (C.G.), for the offence punishable under Section 34(2) of C.G. Excise Act, is rejected. 8. Needless to say that the trial Court concerned is at liberty to proceed and conclude the trial expeditiously. 9. Office 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 $iddhant