1 2025:CGHC:29119 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 4316 of 2025 Rajendra Harvansh S/o Sunderlal Harvansh Aged About 26 Years R/o Hardi, Police Station - Sakti,tahsil Bhothiya, District Sakti (Chhattisgarh) ... Applicant versus State Of Chhattisgarh Through The Station House Officer Of Police Station Excise Circle, Jaijaipur, District Sakti (Chhattisgarh) ...Non-applicant For Applicant : Mr. Sachin Nidhi, Advocate. For Non-Applicant/State : Ms. Ankita Shukla, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 30.06.2025 1. The applicant has preferred this First Bail Application under Section 483 of B.N.S.S. for grant of regular bail, as he has been arrested in connection with Crime No. 44/2025, registered at Police Station Excise Circle Jaijaipur, District – Sakti (C.G) for the offence punishable under Section 34(2) of the Chhattisgarh Excise Act. 2. The prosecution story in brief is that on 22/05/2025, on the basis of the information given by the informant, the Police Authority has conducted the raid and seized total 06 bulk liter country made Mahua liquor from VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2025.07.02 18:53:13 +0530 2 the house of the applicant. On the basis of aforesaid story of the prosecution the present applicant alleged for the offence of 34(2) of C.G. Excise Act in connection with crime No. 44/2025 at Police Station Excise Circle, jaijaipur District – Sakti(C.G.) 3. Learned counsel for the applicant submits that the applicant has been falsely implicated in this case and no seizure has been made from the exclusive possession of the applicant. He further submits that the applicant is having 06 criminal antecedents under the Excise Act. He also submits the applicant is a 26 years old year old and he in jail since 22.05.2025 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 State Counsel appearing for the State/non- applicant opposes the bail application and submits that in the present case charge-sheet has been filed before the competent Court. She submits that the present applicant has 06 criminal antecedents under the Excise Act, which shows that the present applicant 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 facts and circumstances of the case also considering the fact that the applicant has 6 criminal antecedents under the Excise Act, shows that the present applicant is a habitual offender 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 cancelled the bail granted to the accused therein on the ground that the accused 3 had previous antecedents, this Court is of the opinion that it is not a fit case to enlarge the applicant on regular bail. Accordingly, the bail application of the applicant – Rajendra Harvansh , involved in Crime No. 44/2025, registered at Police Station - Excise Circle, Jaijaipur District – Sakti (C.G) for the offence punishable under Section 34(2) of the Chhattisgarh Excise Act, is rejected at this stage. 7. Needless to say that the trial Court concerned is at liberty to proceed and conclude the trial expeditiously. 8. Office is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice vaibhav