1 2025:CGHC:29166 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 4981 of 2025 Ramesh Kumar Patel S/o Keshav Prasad Patel Aged About 44 Years R/o Chhotemudpara, Police Station- Kharsiya, Tehsil - Kharsiya, District- Raigarh (C.G.) ... Applicant versus State Of Chhattisgarh Through S.H.O. Chowki- Kharsiya Police Station- Kharsiya, District- Raigarh (C.G.) ... Non-applicant For Applicant : Mr. Chitendra Singh, 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.315/2025, registered at Outpost – Kharsiya, Police Station - Kharsiya, District Raigarh (C.G.) for the offence punishable under Section 34(2) and 59(a) of the Chhattisgarh Excise Act. 2. The prosecution story in brief, is that the Police of Police Station -Kharsiya, District- Raigarh received information on 08/06/2025 from an PREETI KUMARI Digitally signed by PREETI KUMARI Date: 2025.07.01 10:52:13 +0530 2 informer that a person is carrying liquor in a black colour numberless Passion Pro motor cycle', Based on the said information, the staff alongwith him left and set-up a blockade on the main road in front of 'Bandhua Talab' and stopped the accused in front of witnesses and upon checking the bag, it was found to contain 14 quarter of country liquor and 15 quarter of English liquor, total 5.220 liters worth Rs. 2920/-. Upon asking the accused did not have a license to keep the liquor. Thereafter, Recovery Panchnama was prepared and seizure proceedings were conducted in front of witnesses. 3. Learned counsel for the applicant submits that the applicant is innocent and falsely implicated in this case. He further submits that the seized hand-made liquor does not belong to the applicant, he was arrested in a concocted case only on the basis of suspicion. He further submits the applicant has six previous criminal antecedents under the Excise Act, all cases are pending, further the charge-sheet has not been filed and he is in jail since 08.06.2025 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 5.220 liters country made 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, 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, all cases are pending which shows that he is a habitual offender, further he has misused the bail 3 granted to him earlier, and that the quantity of liquor i.e. total 5.220 litres country made liquor has been recovered from the possession of the applicant and also in light of the judgment rendered by the Hon’ble 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 – Ramesh Kumar Patel involved in Crime No.315/2025, registered at Outpost – Kharsiya, Police Station - Kharsiya, District - Raigarh (C.G.) for the offence punishable under Section 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 provide a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- ((Ramesh Sinha) Chief Justice Preeti