1 2025:CGHC:40522 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6386 of 2025 • Dhanraj Banjare S/o Aarti Ram, Aged About 31 Years R/o Pavantara Police Station Khairagarh, Jalbandha Chowki, District K.C.G. (C.G.) ... Applicant versus • State Of Chhattisgarh Through The Station House Officer, P.S. Khairagarh District K.C.G. (C.G.) ... Respondent (Cause title is taken from Case Information System) For Applicant : Mr. Leekesh Kumar, Advocate For Respondent/State : Ms. Shubha Shrivastava, Panel Lawyer Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 12/08/2025 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.123/2025 registered at Police Station - Khairagarh, District KCG (C.G.), for the offence punishable under Section 34(2) of the Chhattisgarh Excise Act and 111(2) of BNS. 2. As per the prosecution case that on 28.04.2025, acting on a tip off, the police conducted a blockade near Shani Mandir Chowk Village VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2025.08.14 11:19:19 +0530 2 Shergarh. The applicant and other were intercepted while arriving on a Jupiter vehicle upon search, 150 units of liquor, composing 60 bottle of Goa Special Whisky and 90 pouches of a sole country made liquor (each 180 ml) totaling 27.00 bulk liters were recovered from applicant and co-accused. Hence this bail application. That there is seizure of 60 bottle of Goa whiskey total 10.80 Litre and applicant was arrested on 28.04.2024 and FIR was registered on 29.04.2025 in police station Khairagarh district KCG, vide FIR no. 123/2025 under offence punishable under section 34 (2) 42 of Excise act. 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. He further submits that applicant has three criminal antecedents, out of which two case under Excise Act bearing crime No. 420 of 2024 registered at police chowki Jalbandha District – KCG Offience under section 36(c) of Excise Act and in crime No. 360 of 2021 registered at police chowki Jalbandha District – KCG Offience under section 36(2) of Excise Act, and in crime No 386 of 2024 registered at police chowki Jalbandha District – KCG Offience under sections 126, 335(3) of BNS Act, all cases are still pending for its conclusion and he is in jail since 28.04.2025 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 27.00 bulk liters liquor has been seized from the present applicant and the charge-sheet has been filed 3 in the present case before the competent Court. He further submits that He further submits that applicant has three criminal antecedents, out of which two case under Excise Act bearing crime No. 420 of 2024 registered at police chowki Jalbandha District – KCG Offience under section 36(c) of Excise Act and in crime No. 360 of 2021 registered at police chowki Jalbandha District – KCG Offience under section 36(2) of Excise Act, and in crime No 386 of 2024 registered at police chowki Jalbandha District – KCG Offience under sections 126, 335(3) of BNS Act, all cases are still pending for its conclusion, applicant 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 applicant has three criminal antecedents, out of which two cases are under the Excise Act and still pending for its conclusion, charge-sheet has been filed 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 is not a fit case to enlarge the applicant on regular bail. 7. Accordingly, the bail application of the applicant – Dhanraj Banjare involved in Crime No.123/2025 registered at Police Station - Khairagarh, District KCG (C.G.), for the offence punishable under Section 34(2) of the Chhattisgarh Excise Act and 111(2) of BNS, is rejected. 4 8. Needless to say that the trial Court concerned is at liberty to proceed and conclude the trial expeditiously. 9. 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