1 2025:CGHC:23576 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 4386 of 2025 Mannu Nishad S/o Shambhu Nishad Aged About 37 Years R/o Village Hardi, P.S. Chhura District- Gariyaband (C.G.) ... Applicant versus State of Chhattisgarh Through Station House Officer Police Station Excise Circle Gariyaband District Gariyaband (C.G.) ... Non-applicant For Applicant : Ms. Khushbu Sahu, Advocate. For Non-Applicant/State : Mr. Malay Jain, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 12.06.2025 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. 22/2025, registered at Police Station Excise Circle Gariyaband, District – Gariyaband (C.G) for the offence punishable under Section 34(2) of the Chhattisgarh Excise Act. 2. The prosecution story in brief, is that the police of Police Station Excise Circle Gariyaband, District – Gariyaband received a secret ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2025.06.14 12:08:41 +0530 2 information and on the basis of the said information conducted a raid and seized 13 bulk liters of country made kachchi mahua liquor from the possession of the present applicant. Thereafter, the crime has been registered against the applicant. 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. She further submits that the applicant is having three previous criminal antecedents of similar nature, which are pending trial. She also submits that under Sections 34(2) of the Chhattisgarh Excise Act, minimum punishment is one year and maximum punishment is three years and the applicant has been in jail since 21.05.2025 and the conclusion of the trial is likely to take quite long time. Therefore, she 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. He submits that the present applicant has 03 criminal antecedents of the similar nature, 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 03 criminal antecedents 3 of the similar nature, 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 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 – Mannu Nishad, involved in Crime No. 22/2025, registered at Police Station Excise Circle Gariyaband, District – Gariyaband (C.G) for the offence punishable under Section 34(2) of the Chhattisgarh Excise Act, is rejected. 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 Abhishek