1 2025:CGHC:42163 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 4271 of 2025 Raju Sahu S/o Neelkamal Sahu Aged About 25 Years R/o. Village Tehaka, Bhatapara, P.S. And Tahsil - Bhatapara, District- Balodabazar- Bhatapara (C.G.) ... Applicant versus The State Of Chhattisgarh Through - Excise Circle Bemetara, District- Bemetara (C.G.) ... Respondent For Applicant : Shri Amit Kumar Sahu, Advocate. For Respondent/State : Ms. Vaishali Mahilong, PL. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 20/08/2025 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.17/2025 registered at Police Station Excise Circle Bemetara, GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2025.08.24 12:55:52 +0530 2 District Bemetara (C.G.) for the offence punishable under Sections 34(2), 59 (a) & 36 of C.G Excise Act. 2. Case of the prosecution, in brief, is that on 05.05.2025 the concerned police had received a secret information from the informant, that the applicant has kept illicit liquor for selling the same, on this basis the police officer had searched the place of incident and seized 51.84 bulk liters of liquor from the applicant and arrested the applicant, a bail application filed by the applicant before learned court below, which has been dismissed. Hence this bail application. 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 applicant is in jail since 05/05/2025 and the conclusion of the trial is likely to take quite long time. Therefore, he prays for releasing the applicant on regular bail. 4. Learned counsel appearing for the State/non-applicant would oppose the bail application and she would submit that the applicant is having 02 criminal antecedents under the Excise Act and one case under the IPC which 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. 3 6. Considering the facts and circumstances of the case, considering the fact that in the present case the applicant is having 02 criminal antecedents under the Excise Act and one case under the IPC which are pending and he is a habitual offender, further he has misused the bail granted to him earlier and that the quantity of liquor seized is 51.84 bulk liters of 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. 7. Accordingly, the bail application of the applicant-Raju Sahu, involved in Crime No.17/2025 registered at Police Station Excise Circle Bemetara, District Bemetara (C.G.) for the offence punishable under Sections 34(2), 59 (a) & 36 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 and compliance forthwith. - SD Sd/- (Ramesh Sinha) Chief Justice gouri