Extracted from the PDF above. The PDF is authoritative.
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2025:CGHC:57484
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 9611 of 2025 Upendra Kumar Behra S/o Braj Gopal Behra Aged About 50 Years R/o Village Bagbadi, P.S. Tamnar, Dist. Raigarh, Chhattisgarh
... Applicant versus State Of Chhattisgarh Through Station House Officer (S.H.O) P.S.- Tamnar, Dist.- Raigarh (C.G.)
... Non-Applicant For Applicant : Mr. Ashutosh Biswas, Advocate. For Non-Applicant/State : Mr. Swajeet Singh Ubeja, Panel Lawyer. Hon'ble Shri
Ramesh Sinha
, Chief Justice
Order on Board 26.11
.202
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1. The applicant has preferred this First Bail Application under Section 483 of Bhartiya Nagrik Suraksha Sanhita, 2023 for grant of regular bail, as he has been arrested in connection with Crime No.235/2025, registered at Police Station - Tamnar, District - Raigarh (C.G.) for the offence punishable under Sections 34(2) and 59(d) of Chhattisgarh Excise Act.
2. As per the prosecution story, on 16.10.2025, the officers of Police Station Tamnar received a tip-off that the house premises of Upendra Kumar Behra, located at Village Bagbadi, contained a significant quantity of illegally produced raw Mahua liquor intended for illicit sale. During the PREETI KUMARI Digitally signed by PREETI KUMARI Date: 2025.11.27 11:35:17 +0530
2 search, the police intercepted and seized approximately 200 bulk liters of raw Mahua liquor worth Rs. 40,000/-, along with equipment used for liquor manufacturing, which was stored in four silver vessels. On the basis of the above, FIR No. 0235/2025 was registered at Police Station Tamnar under Sections 34(2) and 59(क) of the Chhattisgarh Excise Act.
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Learned counsel for the applicant submits that the applicant has been falsely implicated in this case. He further submits that the applicant has one previous criminal antecedent which was disposed of and the present applicant is in jail since 16.10.2025 and the conclusion of the trial is likely to take quite long time. He also submits that for under Section 34(2) of the Chattisgarh Excise Act, minimum punishment is one year and maximum punishment is three years. 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 quantity of liquor seized from the possession of the applicant i.e. 200 bulk liters of raw Mahua liquor. Hence, he is not entitled for grant of bail.
5. I have heard learned counsel for the parties and perused the case diary.
6. Considering the fact and circumstances of the case, nature and gravity of offence levelled against the applicant and the fact that in the present case, a huge quantity of liquor, i.e. 200 bulk liters of raw Mahua liquor was seized from the possession of the applicant without any valid licence and no plausible explanation has been offered in this regard, furthermore, considering the gravity and seriousness of this case and it cannot be a case of false implication, this Court is of the view that it is not a fit case to enlarge the applicant on bail.
7. Accordingly, the bail application of the applicant - Upendra Kumar Behra involved in Crime No.235/2025, registered at Police Station -
3 Tamnar, District - Raigarh (C.G.) for the offence punishable under Sections 34(2) and 59(d) of Chhattisgarh Excise Act, 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/- Sd/-
(Ramesh Sinha)
Chief Justice Preeti