1 2025:CGHC:27039 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 4785 of 2025 Rupendra Khunte S/o Gulpat Khunte Aged About 27 Years R/o Bhanetara, Thana Hasaud, District Sakti, Chhattisgarh. ... Applicant versus State Of Chhattisgarh Through Police Station Hasaud, District Sakti, Chhattisgarh. ... Respondent For Applicant : Shri T.R. Patel, Advocate. For Respondent/State : Ms. Ankita Shukla, PL. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 23/06/2025 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.85/2025 registered at Police Station Hasaud, District Sakti (C.G.) for the offence punishable under Section 34(2) of CG Excise Act. GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2025.06.26 20:23:46 +0530 2 2. Case of the prosecution, in brief, is that on 26/05/2025 as per secret information received from informant police made search of applicant and seized 9 litre Kachchi Mahua liquor from possession of applicant. Thereafter police arrested the applicant on 26/05/2025. 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 26/05/2025 and the conclusion of the trial is likely to take quite long time. Therefore, he prays for releasing the applicant on regular bail. 4. 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. She further submits that 9 litre Kachchi Mahua liquor was recovered from the possession of the applicant and the applicant is having 02 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. 6. Considering the fact that the charge-sheet has been filed before the competent Court and in the present case the applicant is having 02 criminal antecedents under the Excise Act and he is a habitual offender further he has misused the bail granted to him earlier and that the 3 quantity of liquor seized is 9 litre 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 this is not a fit case to enlarge the applicant on regular bail. 7. Accordingly, the bail application of the applicant-Rupendra Khunte, involved in Crime No.85/2025 registered at Police Station Hasaud, District Sakti (C.G.) for the offence punishable under Section 34(2) of CG Excise Act, is rejected. 8. Office is directed to send a certified copy of this order to the trial Court concerned for necessary information. - SD Sd/- (Ramesh Sinha) Chief Justice gouri