1 2025:CGHC:29167 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 4979 of 2025 Bhupendra Sinha S/o Shri Parghaniya Aged About 50 Years R/o Village Badhiyatola P.S. Dongargarh, District - Rajnandgaon (C.G.) ... Applicant versus State of Chhattisgarh Through The Station House Officer, Police Station Lalbagh, District - Rajnandgaon (C.G.) ... Non-applicant For Applicant : Mr. Rajendra Patel, Advocate. For Non-applicant/State : Ms. Monika Thakur, 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 Bharatiya Nagarik Nyay Sanhita, 2023 for grant of regular bail, as he has been arrested in connection with Crime No.163/2025, registered at Police Station - Lalbagh, District Rajnandgaon (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 – Lalbagh, District- Rajnandgaon was patrolling in the area wherein the secret information was received that the one person is selling the liquor in PREETI KUMARI Digitally signed by PREETI KUMARI Date: 2025.07.01 10:52:13 +0530 2 the black coloured activa behind the Amora Hotel. The Police on said information has went to with the witness and seized the vehicle wherein from the accused possession 18 bulk liters liquor was received and arrested the applicant in commission of aforesaid offence. 3. Learned counsel for the applicant submits that the applicant is innocent and falsely implicated in this case. He further submits that the illicit liquor has been seized from an open place and not directly from him. He further submits the applicant has five previous criminal antecedents under the Excise Act, out of which two cases are disposed of and three cases are pending, the same has been explained in paragraph No. 4(a) of this bail application, further the charge-sheet has been filed and he is in jail since 13.04.2025 and trial is likely to take quite long time. Therefore, he prays for releasing the applicant on regular bail. 4. On the other hand, learned counsel for the State opposes the bail application and submits that total 18 bulk liters liquor has been seized from the possession of the applicant. She further submits that the applicant is having six previous criminal antecedents under the Excise Act, out of which three cases are pending, therefore, his bail application is liable to be dismissed. 5. I have heard learned counsel appearing for the parties and perused material available on record. 6. Considering the fact and circumstances of the case, nature of allegation levelled against the applicant and the fact that the applicant is having six previous criminal antecedents under the Excise Act, out of which three case are pending which shows that he is a habitual offender, further he has misused the bail granted to him earlier, and that the quantity of liquor i.e. total 18 bulk liters liquor has been recovered from the possession of the applicant and also in light of the judgment rendered by the Hon’ble 3 Court in Deepak Yadav Vs. 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. 7. Accordingly, the bail application of applicant – Bhupendra Sinha involved in Crime No.163/2025, registered at Police Station - Lalbagh, District Rajnandgaon (C.G.) for the offence punishable under Section 34(2) 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 provide a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- ((Ramesh Sinha) Chief Justice Preeti