1 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5283 of 2025 • Chhabi Koshle S/o Saindas Koshle Aged About 35 Years R/o Village Thakurikapa, Police Station Jarhagaon (Wrongly Written As Sargaon), District Mungeli C.G. ... Applicant versus • State Of Chhattisgarh Through The Station House Officer, Police Of Police Station Jarhagaon (Wrongly Written As Sargaon), District Mungeli C.G. ... Respondent (Cause title is taken from Case Information System) For Applicant : Mr. Chandra Kumar, Advocate For Respondent : Mr. Amit Verma, Panel Lawyer Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 08/07/2025 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.73/2025 registered at Police Station Jarhagaon, District Mungeli (C.G.), for the offence punishable under Section 34(2) and 59(A) of the Chhattisgarh Excise Act. VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA 2 2. Case of the prosecution, in brief, is that on 14-06-2025, the Police of Police Station Jarhagaon received secret information that one person have kept the illicit liquor in his motorcycle and on the basis of said information raid was conducted and recovered total 7.020 Bulk Liter illicit liquor from the possession of present applicant, therefore crime has been registered and arrested the applicant. 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 the under Section 34(2) of the Chattisgarh Excise Act, minimum punishment is one year and maximum punishment is three years and the applicant is in jail since 14.06.2025 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. He further submits that the applicant is having total 03 criminal antecedents, i.e. (1) Crime No.33/2022 for the offence under Section 36 (F) of Excise Act, which was disposed off on 09-02-2022 (2) Crime No.92/2023 for the offence under Section 34 (1) (A) of Excise Act, which is pending and (2) Crime No.223/2023 for the offence under Section 34 (1) (A) of Excise Act and the same is pending and 7.020 Bulk Liter illicit liquor was seized from the present applicant. As such, he 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 applicant have three previous criminal antecedents i.e., (1) Crime No.33/2022 for the offence under Section 36 (F) of Excise Act, which was disposed off on 09-02-2022 (2) Crime No.92/2023 for the offence under Section 34 (1) (A) of Excise Act, which is pending and (2) Crime No.223/2023 for the offence under Section 34 (1) (A) of Excise Act and the same is pending and 7.020 Bulk Liter illicit liquor was seized from the present applicant. and he is a habitual offender, further he has misused the bail granted to him earlier and also in light of the judgment rendered by the Hon’ble 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- Chhabi Koshle filed under Section 439 of the Cr.P.C., involved in Crime No.73/2025 registered at Police Station Jarhagaon, District Mungeli (C.G.), for the offence punishable under Section 34(2) and 59(A) 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. - Sd/- Sd/- (Ramesh Sinha) Chief Justice vaishali