1 2025:CGHC:39156 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6182 of 2025 Mukesh Jangade S/o Santosh Jangade Aged About 28 Years Resident of Village Chorhadih, P.S. Arang District – Raipur, Chhattisgarh ... Applicant versus State of Chhattisgarh Through - Station House Officer, Police Station Arang, District – Raipur, Chhattisgarh ... Non-Applicant For Applicant : Ms. Khusbh Sahu, Advocate. For Non-Applicant/State : Mr. Nitansh Jaiswal, Advocate. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 06.08.2025 1. The applicant has preferred this First Bail Application under Section 483 of Bharatiya Nagarik Nyay Sanhita, 2023 for grant of regular bail, as he has been arrested in connection with Crime No.345/2025, registered at Police Station - Arang, District – Raipur (C.G.) for the offence punishable under Section 34(2) of the Chhattisgarh Excise Act. 2. The prosecution story in brief, is that on the date of incident, police has received information by informant that unknown person has transporting with kept illegal liquor by his motorcycle to sale and police has seized 10.800 bulk liter country made liquor from possession of the applicant at PREETI KUMARI Digitally signed by PREETI KUMARI Date: 2025.08.07 11:16:45 +0530 2 open place and police has registered a case for offence punishable under Section 34 (2) of the Excise Act against applicant and hence this bail application. 3. Learned counsel for the applicant submits that the applicant is innocent and falsely implicated in this case. She further submits that the applicant has not knowing about the seized liquor because police has seized illicit liquor from the place of incident at open place where utility place is present together. She further submits the applicant has no previous criminal antecedents, further the charge-sheet has been filed and he is in jail since 16.06.2025 and trial is likely to take quite long time. Therefore, he prays for releasing the applicant on regular bail. 4. On the other hand, learned counsel for the State opposes the bail application and submits that total 10.800 bulk liter country made liquor has been seized from the possession of the applicant. He further submits that the applicant is having seven previous criminal antecedents, out of which six cases are under the Excise Act registered in Crime Nos. 424/2018, 347/2021, 363/2021, 50/2023, 83/2024 and 364/2020 respectively and one case is under the Arms Act registered in Crime No. 147/2023, therefore, his bail application is liable to be dismissed. 5. I have heard learned counsel appearing for the parties and perused material available on record. 6. Considering the fact and circumstances of the case, nature of allegation levelled against the applicant and the fact that the applicant is having six previous criminal antecedents under the Excise Act which shows that he is a habitual offender, and that the quantity of liquor i.e. total 10.800 bulk liter country made liquor has been recovered from the possession of the applicant and also in light of the judgment rendered by the Hon’ble Court in Deepak Yadav Vs. State of Uttar Pradesh & Another, reported in 3 (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 it is not a fit case to enlarge the applicant on regular bail. 7. Accordingly, the bail application of applicant – Mukesh Jangade involved in Crime No.345/2025, registered at Police Station - Arang, District – Raipur (C.G.) for the offence punishable under Section 34(2) of the Chhattisgarh Excise Act, is rejected. 8. Needless to say that the trial Court concerned is at liberty to proceed and conclude the trial expeditiously. 9. Office is directed to provide a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- ((Ramesh Sinha) Chief Justice Preeti