1 2025:CGHC:48846 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7688 of 2025 Subham Sarkar S/o Roop Kumar Sarkar Aged About 28 Years R/o D.N.K. Colony Kondagaon P.S. And District- Kondagaon (C.G.) ... Applicant versus State Of Chhattisgarh Through- Police Station Kondagaon District- Kondagaon (C.G.) ... Respondent For Applicant : Shri Pravin Kumar Tulsyan, Advocate. For Respondent/State : Shri Hariom Rai, PL. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 23/09/2025 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.279/2025 registered at Police Station GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2025.09.24 19:12:21 +0530 2 Kondagaon, District Kondagaon (C.G.) for the offence punishable under Section 34(2) of C.G. Excise Act. 2. Case of the prosecution, in brief, is that on 12.08.2025 the Police have received confidential information that a white colored scorpio vehicle bearing registration no. C.G.04/NX/4179 is carrying foreign made liquor for sale and is going towards Kamela. The Police have setup a checkpost and an attempt was made to stop the alleged vehicle, but the vehicle tried to escape and while chasing the vehicle met with an accident. It is alleged that the applicant was driving the vehicle who got injured in the accident. Upon checkin the police have found and seized total of 135 Bulk liters of foreign made liquor from the vehicle. The Police have started the investigation and meanwhile arrested the present applicant. 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 under Section 34(2) of the Chattisgarh Excise Act, the minimum punishment is one year and maximum punishment is three years. He also submits that the applicant is in jail since 13/08/2025 and the conclusion of the trial is likely to take quite long time. Therefore, he prays for releasing the applicant on regular bail. 3 4. Learned counsel appearing for the State/non-applicant would oppose the bail application. He further submits that total 135 Bulk liters of foreign made liquor was seized from the vehicle which the applicant was driving. He further submits that the applicant is having 04 criminal antecedents under the IPC and BNS out of which one case is of the year 2019, one of the year 2020 and two cases are of the year 2025, as such, he is a habitual offender and is not entitled for grant of bail. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the facts and circumstances of the case, considering the fact that total 135 Bulk liters of foreign made liquor was seized from the vehicle which the applicant was driving and in the present case, the applicant is having 04 criminal antecedents and he is a habitual offender, further he has misused the bail granted to him earlier 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, therefore this Court is of the opinion that this is not a fit case to enlarge the applicant on regular bail. 7. Accordingly, the bail application of the applicant-Subham Sarkar , involved in Crime No.279/2025 registered at Police Station 4 Kondagaon, District Kondagaon (C.G.) for the offence punishable under Section 34(2) of C.G. 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 Sd/- (Ramesh Sinha) Chief Justice gouri