1 2025:CGHC:36926 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5913 of 2025 1 - Brijesh Jolhe S/o Late Ghasiram Aged About 19 Years R/o Village Parasapali, Police Station Baloda, District - Mahasamund (C.G.) 2 - Shibo Bariha S/o Kunjbihari Aged About 29 Years R/o Village Chhibarra Police Station Baloda, District - Mahasamund (C.G.) ... Applicants versus 1 - State Of Chhattisgarh Through Police Station Singhoda, District - Mahasamund (C.G.) ... Respondent (Cause title is taken from Case Information System) For Applicants : Mr. Pritam Singh, Advocate For Respondent/State : Mr. Nitansh Jaiswal, Panel Lawyer Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 29/07/2025 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 applicants who has been arrested in connection with Crime No. 44/2025 registered at Police Station Shinghoda, District Mahasamund (C.G.), for the offence punishable under Section 34(2) of the Chhattisgarh Excise Act. VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2025.07.31 10:56:53 +0530 2 2. Case of the prosecution, in brief, is that on the basis of secret information police has recovered 200 bulk liters of handmade mahua liquor from the joint possession of the present applicants on way of village Samdarha, which was kept in a TVS Jupitor Scooty bearing registration no. CG-06-HD-2672. 3. Learned counsel for the applicant submits that the applicants have 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. He also submits that the applicant No.1 has no criminal antecedent but applicant No.2 namely Shibo Bariha has criminal antecedent bearing crime No.79/2022 registered at police station Saraipali under the Excise Act and they are in jail since 03.06.2025 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 Panel Lawyer, 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 applicant No.2 namely Shibo Bariha has criminal antecedent bearing crime No. 79/2022 registered at police station Saraipali under the Excise Act. 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, but the huge quantity of liquor that has been seized from the joint possession 3 of the applicants i.e., 200 bulk liters of liquor and applicant No.2 namely Shibo Bariha has criminal antecedent bearing crime No. 79/2022 registered at police station Saraipali under the Excise Act therefore, this Court is of the opinion that this is not a fit case to enlarge the applicant on regular bail. Accordingly, the bail application of the applicants – Brijesh Jolhe and Shibo Bariha involved in Crime No. 44/2025 registered at Police Station Shinghoda, District Mahasamund (C.G.), for the offence punishable under Section 34(2) of the Chhattisgarh Excise Act, is rejected. 7. Needless to say that the trial Court concerned is at liberty to proceed and conclude the trial expeditiously. 8. Office is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. - Sd/- (Ramesh Sinha) Chief Justice vaishali