1 2025:CGHC:52562 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7319 of 2025 Mahendra Kurre S/o Ganesh Ram Aged About 42 Years R/o Urga Basti, Korba, Tahsil And District- Korba Chhattisgarh. ... Applicant versus State Of Chhattisgarh Through- Station House Officer, Police Station- Urga, District- Korba (C.G.) ... Respondent For Applicant : Shri Ravipal Maheshwari, Advocate. For Respondent/State : Smt. Smriti Shrivastava, PL. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 28/10/2025 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.337/2025 registered at Police Station Urga District Korba (C.G.) for GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2025.10.30 19:52:09 +0530 2 the offence punishable under Section 34 (2), 59(a) of the Chhattisgarh Excise Act and section 111 of B.N.S. 2. Case of the prosecution, in brief, is that the police has received secret information through informant and as per information, police has seized 30 litres country made liquor from open place field of the applicant and on the suspicious police has registered a case for offence punishable under section 34 (2), 59(a) of the Chhattisgarh Excise Act and section 111 of B.N.S. 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 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 07/08/2025 and the conclusion of the trial is likely to take quite long time. Therefore, he prays for releasing the applicant on regular bail. 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 is having 02 criminal antecedents under the Excise Act which are pending, 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. 3 6. Considering the fact that the charge-sheet has been filed before the competent Court and in the present case the applicant is having 02 criminal antecedents under the Excise Act and he is a habitual offender further he has misused the bail granted to him earlier and that the quantity of liquor seized is 30 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 this is not a fit case to enlarge the applicant on regular bail. 7. Accordingly, the bail application of the applicant-Mahendra Kurre, involved in Crime No.337/2025 registered at Police Station Urga District Korba (C.G.) for the offence punishable under Section 34 (2), 59(a) of the Chhattisgarh Excise Act and section 111 of B.N.S, 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 gouri