1 2025:CGHC:26521 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 4744 of 2025 1 - Uttar Sahu S/o Late Shri Santram Sahu Aged About 40 Years R/o Village Chandan Thana Rajadevri District - Balodabazar - Bhatapara (C.G.) ... Applicant versus 1 - State Of Chhattisgarh Through Station House Office, Police Station Rajadevri District - Balodabazar - Bhatapara (C.G.) ... Respondent For Applicant : Mr. Sunil Sahu, Advocate For Respondent/State : Mr. Sakib Ahmed, Panel Lawyer Hon’ble Mr. Ramesh Sinha, Chief Justice Order on Board 20/06/2025 1. This is the First bail application filed under Section 483 of the Bhartiya Nagrik Suraksha Sanhita, 2023 for grant of regular bail to the applicant arrested in connection with Crime No. 25/2025 registered at Police Station – Balodabazar-Bhatapara, District – Balodabazar-Bhatapara (C.G.) for the offence punishable under Section 34(2) of the Chhattisgarh Excise Act. 2. The prosecution story in short is that on 19.04.2025 the officers of Police Station Rajadevri Distt. Balodabazar-Bhatapara (C.G.) at the time of patrolling conducted raid at village Chadan on the VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2025.06.24 10:28:03 +0530 2 basis of secret information received from the informant and found total 110 bulk liter of country made liquor kept in two polythene in the courtyard of applicant seized the same and arrested the applicant in the alleged commission of offence on the basis of doubt. 3. Learned counsel for the applicant submits that the applicant has been falsely implicated in this case and 110 bulk liters of country made liquor was not seized from the exclusive possession of the applicant. He further submits that under Section 34(2) of the C.G. Excise Act, minimum punishment is one year and maximum punishment is three years. He also submits that the applicant is having one criminal antecedents bearing crime No.40 of 2024 under Section 34(2) of C.G. Excise Act., which is pending, the applicant is in jail since 19.04.2025 and the conclusion of the trial is likely to take quite long time. Therefore, he prays for grant of regular bail to the applicant. 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 one criminal antecedents bearing crime No.40 of 2024 under Section 34(2) of C.G. Excise Act. 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 on 24.05.2025, there was one 3 previous criminal case bearing Crime No.25 of 2025, under the Excise Act which is pending and after having gone thorough the materials available on records and the allegation levelled against the present applicant and the recovery made, further taking into account that the applicant is a habitual offender and that the quantity of liquor seized is 110 bulk liters of kachchi Mahua 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. Accordingly, the bail application of the applicant – Uttar Sahu involved in Crime No. 25/2025 registered at Police Station – Balodabazar-Bhatapara, District – Balodabazar-Bhatapara (C.G.) for the offence punishable under Section 34(2) 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 and compliance forthwith. Sd/- Sd/- (Ramesh Sinha) Chief Justice vaishali