2025:CGHC:53923 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8450 of 2025 Sukhchand Dahariya S/o Shri Dukalha Dahariya Aged About 46 Years R/o Village Khapari (Belpan), Manikchouri, District : Bilaspur, Chhattisgarh ...Applicant versus State Of Chhattisgarh Through - P.S. Pachpedi, Bilaspur, District : Bilaspur, Chhattisgarh ... Respondent For Applicant : Mr. Curtis Collins, Advocate. For Non-Applicant/State : Ms. Subha Shrivastava, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 04.11.2025 1. The applicant has preferred this First Bail Application under Section 483 of B.N.S.S. for grant of regular bail, as he has been arrested in connection with Crime No. 256/2025, registered at Police Station Pachpedi District – Bilaspur (C.G) for the offence punishable under Section 34(2) of the Chhattisgarh Excise Act. VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2025.11.07 12:04:50 +0530 2. As per the prosecution story, it is alleged that the police received secret information from a Mukhbir (informant) that the present applicant was in illegal possession of 31 liters of handmade Mahuwa liquor, kept in plastic packets, each containing 500 grams of Mahuwa liquor, totaling 62 packets. Acting upon the said information, the police conducted a raid and recovered the aforesaid quantity of illicit liquor. Consequently, an FIR was registered against the present applicant under Section 34(2) of the Excise Act in Crime No. 256/2025 at Police Station Pachpedi, District Bilaspur (C.G.). The applicant was arrested on 11.09.2025 and was produced before the learned Judicial Magistrate First Class, Bilaspur, on 12.09.2025. 3. The applicant submits that he has been falsely implicated in the present case. He further submits that in the present case and has no nexus whatsoever with the alleged incident. No contraband or illicit article has been seized from his possession, as the alleged liquor was recovered from an open place, and the police have wrongly attributed the recovery to him without conducting a fair and proper investigation. The applicant is innocent, has no knowledge of the seized illicit liquor, and has been in judicial custody since 11.09.2025. It is further submitted that the police have falsely implicated the applicant with mala fide intention, and therefore, he deserves to be granted the benefit of bail. The applicant further submits that his only presence near the place of occurrence was because he is a close relative of the family where the Chhathi ceremony was being celebrated. The applicant is a permanent resident of Village Khapari (Belpan), Manikchouri, District Bilaspur (C.G.), and there is no likelihood of his absconding or tampering with the prosecution witnesses, therefore, he prays for releasing the applicant on regular bail. 4. On the other hand, the learned State Counsel appearing for the State/non-applicant opposed the bail application and submitted that, in the present case, the charge-sheet has already been filed before the competent Court. It has further been submitted that the applicant has the following criminal cases pending against him under the provisions of the Excise Act, registered at Police Station Pachpedi: Crime No. 0249/2023 dated 30.07.2023 under Section 34(2) of the Excise Act; Crime No. 0087/2024 dated 29.03.2024; Crime No. 0152/2025 dated 27.06.2025; and Crime No. 0016/2025 dated 18.01.2025 under Section 36(C) of the Excise Act. The learned State Counsel contends that the pendency of the aforesaid cases clearly indicates that the applicant is a habitual offender and, therefore, does not deserve to be enlarged on bail. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the facts and circumstances of the case, and also taking into account the fact that four cases are pending against the applicant under the Excise Act, which clearly indicates that the applicant is a habitual offender, and further, in light of the judgment rendered by the Hon’ble Supreme Court in Deepak Yadav v. State of Uttar Pradesh & Another, (2022) 8 SCC 559, wherein the Hon’ble Supreme Court cancelled the bail granted to the accused on the ground of having previous criminal antecedents, this Court is of the considered opinion that the present case does not warrant the grant of regular bail to the applicant. 7. Accordingly, the bail application of the applicant – Sukhchand Dahariya, involved in Crime No. 256/2025, registered at Police Station Pachpedi District – Bilaspur (C.G) for the offence punishable under Section 34(2) of the Chhattisgarh Excise Act, is rejected. Sd/- (Ramesh Sinha) Chief Justice vaibhav