1 2025:CGHC:45083 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5337 of 2025 Rajkumar Nishad @ Raju S/o Rajaram Nishad, Aged About 45 Years R/o Vijay Nagar, Avanti Vihar, Police Station Khamhardih, District Raipur Chhattisgarh ... Applicant versus State Of Chhattisgarh Through Station House Officer, Police Station Khamhardih, District Raipur Chhattisgarh ... Respondent For Applicant : Ms. Khusbu Sahu, Advocate. For Respondent/State : Smt. Smriti Shrivastava, PL. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 03/09/2025 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.136/2025 registered at Police Station Khamhardih, Raipur, District GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2025.09.04 18:02:29 +0530 2 Raipur (C.G.) for the offence punishable under Section 34(2) of C.G. Excise Act. 2. Case of the prosecution, in brief, is that concerned police station Khamardih Raipur received secret information through informant. On the basis of such information the concerned police reached on spot and raid proceeding has been started and after enquiry that the applicant having liquor without any valid paper and he kept in his possession 31 quarter country made liquor Masala 5.580 bulk liter. On the basis of such complaint the concerned police of police station Khamhardih Raipur, District Raipur investigated the matter and registered the crime No.136/2025 for an offence punishable under section 34(2) of Chhattisgarh Excise Act and the applicant has been arrested. 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. She also submits that under Section 34(2) of the Chattisgarh Excise Act, the minimum punishment is one year and maximum punishment is three years. She also submits that the applicant is in jail since 20/06/2025 and the conclusion of the trial is likely to take quite long time. Therefore, she prays for releasing the applicant on regular bail. 4. Learned counsel appearing for the State/non-applicant would oppose the bail application and she would submit that charge sheet has been filed in this case. She further submits that the applicant is having 02 criminal antecedents under the Excise Act which are pending, as such, he is a habitual offender and is not entitled for grant of bail. 3 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 which are pending and he is a habitual offender, further he has misused the bail granted to him earlier and that the quantity of liquor seized is 31 quarter country made liquor Masala 5.580 bulk liter 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 this is not a fit case to enlarge the applicant on regular bail. 7. Accordingly, the bail application of the applicant-Rajkumar Nishad @ Raju, involved in Crime No.136/2025 registered at Police Station Khamhardih, Raipur, District Raipur (C.G.) for the offence punishable under Section 34(2) of C.G. 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/- (Ramesh Sinha) Chief Justice gouri