1 2025:CGHC:4057 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8525 of 2024 Satyam Singh Rajput S/o Late Mangal Singh Rajput Aged About 28 Years R/o Uparwara Ward No. 09, Abhanpur P.S. Abhanpur District - Raipur (C.G.) ... Applicant(s) versus State Of Chhattisgarh Through Station House Officer Police Station Excise Circle Abhanpur District - Raipur (C.G.) ... Non-Applicant(s) For Applicant(s) : Mr. Bharat Lal Sahu, Advocate. For Non-Applicant(s) : Ms. Ankita Shukla, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 22/01/2025 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. 119/2024 registered at Police Station Excise Circle Abhanpur District - Raipur (C.G.), for the offence AKHILESH KUMAR DEWANGAN Digitally signed by AKHILESH KUMAR DEWANGAN 2 punishable under Section 34(2) & 59(a) of the Chhattisgarh Excise Act. 2. Case of the prosecution, in brief, is that as per secret information received from the informant, the Police of Police Station Excise Circle Abhanpur District – Raipur (C.G) found applicant in possession of 25.92 bulk liters of country made liquor, thereafter, the offence has been registered against the 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 the under Section 34(2) of the Chattisgarh Excise Act, minimum punishment is one year and maximum punishment is three years. He also submits that the applicant is in jail since 18.11.2024 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 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. She further submits that the applicant has three criminal antecedents, out of which, two cases are of the year 2019 under the Excise Act and one is under the IPC, as such he is a habitual offender and he is not entitled for grant of bail. 5. I have heard learned counsel for the parties and perused the case diary. 3 6. Considering the fact that the charge-sheet has been filed before the competent Court and in the present case the applicant has three criminal antecedents, out of which, two cases are of the year 2019 under the Excise Act and one is under the IPC and he is a habitual offender further he has misused the bail granted to him earlier, and that the quantity of liquor seized is 25.92 bulk liters of 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. Accordingly, the bail application of the applicant-Satyam Singh Rajput, involved in Crime No. 119/2024 registered at Police Station Excise Circle Abhanpur District - Raipur (C.G.), for the offence punishable under Section 34(2) & 59(a) of the Chhattisgarh Excise Act, is rejected. 7. Needless to say that the trial Court concerned is at liberty to proceed and conclude the trial expeditiously. 8. OfÏce is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance. - Sd/- (Ramesh Sinha) Chief Justice Akhil