1 2025:CGHC:30667 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 4226 of 2025 • Chitrasen Chouhan S/o Dhwajaram Chauhan Aged About 38 Years R/o Village Harijan Mohalla, Bhelwa Tikra. P.S. Chakradhar Nagar District Raigarh (C.G.) ... Applicant versus • State of Chhattisgarh Through The Station House Officer, P.S. Chakradhar Nagar, District Raigarh (C.G.) ... Respondent (Cause title is taken from Case Information System) For Applicant : Mr. Manoj Kumar Jaiswal, Advocate For Respondent : Ms. Shubha Shrivastava, Panel Lawyer Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 04/07/2025 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. 147/2025 registered at Police Station Chakradhar Nagar, District Raigarh (C.G.), for the offence punishable under Section 34(2) and 59(A) of the Chhattisgarh Excise Act. 2. Case of the prosecution, in brief, is that on 04.04.2025, the Police of Police Station, Chakradhar Nagar, District Raigarh (C.G.) has received secret information by the informant and conduct a raid and VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA 2 seized 65 bulk liters hand made liquor from the illegal possession of the applicant and thereafter, the Police has registered a case for the offence punishable under Section 34(2) and 59(A) of the Chhattisgarh Excise Act against the applicant. 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 the under Section 34(2) of the Chattisgarh Excise Act, minimum punishment is one year and maximum punishment is three years and the applicant is in jail since 04.04.2025 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 03 criminal antecedent under the Excise Act and he is a habitual offender. As such, 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 that the charge-sheet has been filed before the competent Court and the present applicant has 03 criminal antecedent 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 65 bulk liters country made liquor 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 3 cancelled the bail granted to the accused therein on the ground that the accused had previous antecedents, this Court is of the opinion that is not a fit case to enlarge the applicant on regular bail. Accordingly, the bail application of the applicant- Chitrasen Chouhan filed under Section 439 of the Cr.P.C., involved in Crime No. 147/2025 registered at Police Station Chakradhar Nagar, District Raigarh (C.G.), for the offence punishable under Section 34(2) and 59(A) of the Chhattisgarh Excise Act, is rejected. 7. Office is directed to send a certified copy of this order to the trial Court concerned for necessary information. - Sd/- (Ramesh Sinha) Chief Justice vaishali