1 2025:CGHC:36921 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5926 of 2025 • Ramkumar Sarthi S/o Chamar Singh Sarthi Aged About 45 Years R/o Village- Ranigudha, P.S. Kotra Road, Tah And District Raigarh C.G. ... Applicant versus • State Of Chhattisgarh Through Station House Officer, Police Station- Kotra Road, District Raigarh C.G. ... Respondent (Cause title is taken from Case Information System) For Applicant : Mr. Ashish Gupta, Advocate For Respondent/State : Ms.. Smriti Shrivastava, 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 applicant who has been arrested in connection with Crime No.272/2025 registered at Police Station Kotra, 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 during the patrolling the police official have received information from the informant that the applicant is kept country made liquor in his courtyard, thereafter the VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2025.07.31 10:56:56 +0530 2 police has conducted raid and recovered total 130 bulk liter of liquor from the illegal possession of the applicant. 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 has no criminal antecedent and he is in jail since 23.06.2025 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 and no criminal antecedent but in the present case 130 bulk liters of country made mahua liquor has been recovered from the possession of 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. 6. Considering the fact that the charge-sheet has been filed, applicant has no criminal antecedent but the huge quantity of liquor has been seized from the possession of the applicant i.e., 130 bulk liters of liquor 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 applicant – Ramkumar Sarthi involved in Crime No.272/2025 registered at Police Station Kotra, District Raigarh (C.G.), for the offence punishable under Section 34(2) and 59(A) of the 3 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