1 2025:CGHC:33047 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5525 of 2025 • Sanat Nayak S/o Parmanand Nayak Aged About 30 Years R/o Village Jogitarai, Naktand Police Station Pusour District - Raigarh (C.G.) ... Applicant versus • State Of Chhattisgarh Through Station House Officer. Police Station Pusour District- Raigarh (C.G.) ... Respondent (Cause title is taken from Case Information System) For Applicant : Mr. Ashish Gupta, Advocate For Respondent : Ms. Shubha Shrivastava, Panel Lawyer Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 15/07/2025 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. 176/2025 registered at Police Station Pusour, District Raigarh (C.G.), for the offence punishable under Section 34(2) and 59(A) of the Chhattisgarh Excise Act. 2. Case of the prosecution, in brief, is that on 11.06.2025 during the patrolling the police official have received information from the informant that the applicant, thereafter the police has conducted raid VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2025.07.22 11:10:18 +0530 2 nearby the pond which was situated at the house of applicant and recovered total 20 bulk liter of country made liquor from the illegal possession of 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 11.06.2025 and he has two previous antecedents under the Excise Act, 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 02 criminal antecedents bearing crime No. 178 of 2024 offence under Section 296, 115(2), 35(1)(2) of the BNS and crime No.142 of 2024 for the offence under Section 34(2), 59(A) of the Excise Act, which are pending, he is a habitual offender. As such, he 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 the present applicant has 02 criminal antecedent under the Excise Act and he is a habitual offender, further he has misused the bail granted to him earlier, and that the quantity of liquor seized is 20 bulk liter of country made liquor and also in light of the judgment rendered by the Hon’ble Supreme Court 3 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. 7. Accordingly, the bail application of the applicant- Sanat Nayak filed under Section 439 of the Cr.P.C., involved in Crime No.176/2025 registered at Police Station-Pusour, 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 con-clude the trial expeditiously. 9. Office is directed to send a certified copy of this order to the trial Court concerned for necessary information. - Sd/- (Ramesh Sinha) Chief Justice vaishali