1 2025:CGHC:23829 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 4465 of 2025 Bhola Choudhari S/o Sukhdev Choudhari Aged About 42 Years R/o Jindal Road Gorkha, Police Station- Kotraroad, Raigarh, District- Raigarh (C.G.) ... Applicant(s) versus State Of Chhattisgarh Through Station House Officer, Police Station- Kotraroad, District- Raigarh (C.G.) ... Respondent(s) For Applicant(s) : Mr. Amit Singh Chauhan, Advocate. For Respondent(s) : Mr. Nitansh Jaiswal, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 13.06.2025 1. The applicant has preferred this First Bail Application under Section 483 of Bhartiya Nagrik Suraksha Sanhita, 2023 for grant of regular bail, as he has been arrested in connection with Crime No.196/2025, registered at Police Station- Kotraroad, District- Raigarh (C.G.) for the offence punishable under Sections 34(2) and 59(A) of the Chhattisgarh Excise Act. 2. The prosecution story in brief, is that, as per secret information AKHILESH KUMAR DEWANGAN Digitally signed by AKHILESH KUMAR DEWANGAN 2 received from the informant, the Police of Police Station Kotraroad, District- Raigarh (C.G.) seized 13.420 bulk liters of liquor from the possession of applicant, thereafter, aforesaid offence has been registered against the applicant and subsequently, he was arrested. Hence, the 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 24.04.2025, so far as criminal antecedents of the applicant are concerned, applicant has 9 criminal antecedents under the Excise Act, out of which, only three cases are pending against him 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 09 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. 3 6. Considering the fact that the charge-sheet has been filed before the competent Court and in the present case the applicant has 09 criminal antecedents under the Excise Act, out of which, 3 cases are still pending against him, as such, he is a habitual offender further he has misused the bail granted to him earlier, and that the quantity of liquor seized is 13.420 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 that is not a fit case to enlarge the applicant on regular bail. 7. Accordingly, the bail application of the applicant-Bhola Choudhari, involved in Crime No.196/2025, registered at Police Station- Kotraroad, District- Raigarh (C.G.) for the offence punishable under Sections 34(2) and 59(A) of the Chhattisgarh Excise Act, is rejected. 8. Needless to say that the trial Court concerned is at liberty to proceed and conclude the trial expeditiously. 9. Office is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance. Sd/- (Ramesh Sinha) Chief Justice Akhil