1 2025:CGHC:52742 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8555 of 2025 Nainsingh Nishad S/o Barsadi Lal Nishad Aged About 35 Years R/o Village Khamhari Para Chowk, Bindranawagarh, P.S.- Mainpur, District : Gariyabandh, Chhattisgarh ... Applicant versus State of Chhattisgarh Through P.S. Mainpur, District : Gariyabandh, Chhattisgarh ... Non-Applicant For Applicant : Mr. Manoj Kumar Yadav, Advocate. For Non-Applicant/State : Mr. Jitendra Shrivastava, Government Advocate. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 29.10.2025 1. The applicant has preferred this First Bail Application under Section 483 of Bharatiya Nagarik Nyay Sanhita, 2023 for grant of regular bail, as he has been arrested in connection with Crime No.119/2025, registered at Police Station - Mainpur, District : Gariyabandh (C.G.) for the offence punishable under Section 34(2) of the Chhattisgarh Excise Act. 2. The prosecution story in brief, is that the Investigating Officer PREETI KUMARI Digitally signed by PREETI KUMARI Date: 2025.10.30 10:45:40 +0530 2 received classified information, and upon acting on the same, conducted a raid during which 8 liters of hand-brewed raw mahua liquor were seized from the applicant. Thereafter, the applicant was arrested and produced before the concerned remand Court, which remanded him to judicial custody. The applicant has been in custody since 19.09.2025, and the fact that he has been remanded to judicial custody indicates that there is no further need for custodial interrogation. Hence, the applicant can be enlarged on bail. 3. Learned counsel for the applicant submits that the applicant is innocent and falsely implicated in this case. He further submits that the applicant has no previous criminal antecedents, further the charge-sheet has been filed and he is in jail since 19.09.2025 and trial is likely to take quite long time. 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 charge-sheet has been filed. He further submits that the applicant is having five previous criminal antecedents, out of which two are under the Excise Act and three cases are related to Istagasas, which shows that he is habitual offender, therefore, his bail application is liable to be dismissed. 5. I have heard learned counsel appearing for the parties and perused material available on record. 6. Considering the fact and circumstances of the case, nature of allegation levelled against the applicant and the fact that the applicant is having five previous criminal antecedents, out of which two are under the Excise Act and three cases are related to 3 Istagasas, which shows that he is a habitual offender, further he has misused the bail granted to him earlier, and that the quantity of liquor seized is total 8 liters of hand-brewed raw mahua liquor has been recovered from the possession of the applicant and also in light of the judgment rendered by the Hon’ble Court in Deepak Yadav Vs. 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 it is not a fit case to enlarge the applicant on regular bail. 7. Accordingly, the bail application of applicant – Nainsingh Nishad involved in Crime No.119/2025, registered at Police Station - Mainpur, District : Gariyabandh (C.G.) for the offence punishable under Section 34(2) of the 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/- ((Ramesh Sinha) Chief Justice Preeti