1 2025:CGHC:28756 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 4074 of 2025 Ravindra Kumar Bareth S/o Vishnu Lal Bareth Aged About 28 Years R/o Village- Deragarh, Police Station- Baradwar, District- Sakti Chhattisgarh ... Applicant versus State Of Chhattisgarh Through- Station House Officer, Police Station- Baradwar, District- Sakti Chhattisgarh ... Respondent For Applicant : Shri Virendra Verma, Advocate. For Respondent/State : Shri Hariom Rai, 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.100/2025 registered at Police Station GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2025.06.30 14:54:44 +0530 2 Baradwar, District - Sakti (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 30.04.2025 Head Constable Manish Rajput of Police Station Baradwar received a secret information that the present applicant/accused has kept illicit country made mahua liquor in his possession for selling. On the basis of secret information, police conducted a raid whereby the present applicant was found to be in possession of illicit handmade country (Kachchi Mahua) liquor which were kept in 03 yellow colour plastic jericanes containing 5-5 liter in each, thus total quantity of handmade country (Kachchi Mahua) liquor was 15 bulk liters. The present applicant was arrested and his arrest was informed to his family members, first information report was registered against him, spot map was prepared, statement of the witnesses were recorded and after completion of the entire investigation charge-Sheet has been filed and the case is pending before the learned Chief Judicial Magistrate, Sakti, District Janjgir- Champa (C.G.) bearing Criminal Case No. 777/2025. 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 also submits that the 3 applicant is in jail since 30/04/2025 and the conclusion of the trial is likely to take quite long time. Therefore, he prays for releasing the applicant on regular bail. 4. 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 is having 02 criminal antecedents under the Excise Act, 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 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 15 bulk liters of hand made country 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 this is not a fit case to enlarge the applicant on regular bail. 4 7. Accordingly, the bail application of the applicant-Ravindra Kumar Bareth, involved in Crime No.100/2025 registered at Police Station Baradwar, District - Sakti (C.G.), for the 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