1 2025:CGHC:3103 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 462 of 2025 Sahtruhan @ Pachchu Kothare S/o Prabhuram Kothare Aged About 36 Years R/o Village Mulle, Police Of Out Post Birejhar, Police Station Kurud, District : Dhamtari, Chhattisgarh ... Applicant versus State of Chhattisgarh Through The Station House OfÏcer, Police of Out Post Birejhar, Police Station Kurud, District : Dhamtari, Chhattisgarh … Non-Applicant For Applicant : Mr. Anil Kumar Gulati, Advocate. For Non-Applicant/State : Mr. Nitansh Jaiswal, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 17.01.2025 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.408/2024, registered at Out Post - Birejhar, Police Station - Kurud, District : Dhamtari (C.G.) for the offence punishable under Section 34(2) of the Chhattisgarh Excise Act. 2. The prosecution story in brief, is that on 28.09.2024, during the patrolling PREETI KUMARI Digitally signed by PREETI KUMARI Date: 2025.01.20 11:06:28 +0530 2 the Police received secrete information from informant, and on the basis of such information, the Police intercepted the applicant and from the possession of the applicant, 30 quarters of country made liquor admeasuring 5.400 bulk liters has been seized from the possession of application and subsequently, the applicant has been arrested for the commission of alleged offence. 3. Learned counsel for the applicant submits that the applicant is innocent and falsely implicated in this case. He further submits that the false seizure memo has been prepared by the Police in order to rope the applicant in a false criminal case. He further submits that the applicant is having four previous criminal antecedents under the Excise Act of the year 2018, 2019, 2022 and 2023 and he is in jail since 28.09.2024 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 5.400 bulk liters country made liquor has been recovered from the possession of the applicant. He further submits that the applicant is having four previous criminal antecedents under the Excise Act of the year 2018, 2019, 2022 and 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 four previous criminal antecedents under the Excise Act of the year 2018, 2019, 2022 and 2023 which shows that he is a habitual offender, further he has misused the bail granted to him earlier, and that the quantity of liquor seized is 5.400 bulk liters country made liquor has been 3 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 (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 – Sahtruhan @ Pachchu Kothare involved in Crime No.408/2024, registered at Out Post - Birejhar, Police Station - Kurud, District : Dhamtari (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. OfÏce 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