1 2025:CGHC:49475 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7356 of 2025 Bhandari Ram S/o Mahangu Ram, Aged About 50 Years, R/o College Para, Ramanujganj, Police Station Ramanujganj, District - Surajpur (C.G) ... Applicant versus State of Chhattisgarh Through The Station House Officer, Excise Sub Inspector, Circle Ramanujnagar, District - Surajpur (C.G.) ... Non-applicant For Applicant : Mr. Anil Kumar Gulati, Advocate. For Non-applicant/State : Mr. Soumya Rai, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 26.09.2025 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.38/2025, registered at Police Station - Excise Sub Inspector, Circle Ramanujnagar, District - Surajpur (C.G.) for the offence punishable under Sections 34(1)(A), 34(2) and 59(A) of the Chhattisgarh Excise Act (as per arrest memo). 2. As per brief facts of the prosecution case is that, on 29-07-2025, PREETI KUMARI Digitally signed by PREETI KUMARI Date: 2025.09.26 15:40:01 +0530 2 during the patrolling, the information received by the Excise Officer of Excise Circle Surajpur and on the basis of such information, a raid was conducted to the house of applicant and total 10.75 bulk liter country made hand-made liquor seized from the possession of applicant and subsequently the applicant has been arrested for the commission of alleged offences. 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 as per order sheet, there are 8 cases registered against the applicant under the Excise Act, out of which five criminal antecedents has been explained by the applicant in paragraph No. 4(a) of this bail application, and all five cases are pending, further the charge-sheet has been filed and he is in jail since 29.07.2025 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 the applicant is having eight previous criminal antecedents under the Excise Act, and all cases are pending, 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 eight previous criminal antecedents under the 3 Excise Act, and all cases are pending which shows that he is a habitual offender, further he has misused the bail granted to him earlier, and that the quantity of liquor i.e. total 10.75 bulk liter country made hand-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 (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 – Bhandari Ram involved in Crime No.38/2025, registered at Police Station - Excise Sub Inspector, Circle Ramanujnagar, District - Surajpur (C.G.) for the offence punishable under Sections 34(1)(A), 34(2) and 59(A) of the Chhattisgarh Excise Act (as per arrest memo), 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