1 2025:CGHC:45657 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7127 of 2025 • Manish Markam S/o Late Prahlad Ram Markam, Aged About 21 Years R/o Rahul Nagar, Lakholi, Ward No. 31, P.S.- City Kotwali, Tah. And District Rajnandgaon (C.G.) ... Applicant versus • State of Chhattisgarh Through P.S. - City Kotwali, District Rajnandgaon (C.G.) ... Respondent (Cause title is taken from Case Information System) For Applicant : Mr. Rakesh Kumar Thakur, Advocate For Respondent/State : Ms. Ankita Shukla, Panel Lawyer Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 08/09/2025 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.321/2025 registered at Police Station- City Kotwali, District - Rajnandgaon (C.G.), for the offence punishable under Section 34(2) of the Chhattisgarh Excise Act. 2. Case of the prosecution, in brief, is that the applicant is alleged being in possession of white plastic sack containing country made liquor in 41 bottles of 180 ml each total amounting to 7.380 bulk liters. VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2025.09.09 14:29:06 +0530 2 3. Learned counsel for the applicant submits that the applicant has been falsely implicated in this case and 7.380 bulk liters of hand made Mahua liquor was not seized from the exclusive possession of the applicant. He further submits that under Section 34(2) of the C.G. Excise Act, minimum punishment is one year and maximum punishment is three years. He also submits that the applicant has two criminal antecedents bearing crime No.08 of 2025 registered at police station Kotwali for the offence under Section 34(2) of Excise Act and Crime No.144 of 2025 registered at police Station Kotwali for the offence under Section 34(1) of Excise Act, both are pending for its conclusion. The applicant is in jail since 25.06.2025 and the conclusion of the trial is likely to take quite long time. Therefore, he prays for grant of regular bail to the applicant. 4. Learned counsel 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 has two previous criminal antecedents under the Excise Act, he is 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 charge-sheet has been filed before the competent Court and applicant has two criminal antecedents under the Excise Act and both are pending for its conclusion, after having gone thorough the materials available on records and the allegation levelled against the present applicant and the recovery made, further taking into account that the applicant is a habitual offender, further he has misused the bail granted to him earlier, and that the quantity 3 of liquor seized is 7.380 bulk liter country made liquor 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 – Manish Markam, involved in Crime No.321/2025 registered at Police Station- City Kotwali, District - Rajnandgaon (C.G.), for the offence punishable under Section 34(2) of the Chhattisgarh Excise Act is rejected. 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