1 2025:CGHC:52556 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7418 of 2025 • Durgesh Rajak S/o Manev Rajak Aged About 40 Years Caste Dhobi, R/o Darripara Pasan, Police Station Pasan, District Korba, C.G. ... Applicant versus • State of Chhattisgarh Through Police Station- Excise Circle Katghora, District Korba, C.G. ... Respondent (Cause title is taken from Case Information System) For Applicant : Mr. Satyendra Mahadewa and Mr. Raj Kumar Sahu, Advocate For Respondent/State : Ms. Vaishali Mahilong, Panel Lawyer 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.74/2025 registered at Police Station Excise Circle Katghora, District Korba (C.G.), for the offence punishable under Section 34 (1), (d) (p), 34(2) and 59(d) of the Chhattisgarh Excise Act. 2. Case of the prosecution, in brief, is that on 21.8.2025 acting on a reliable tip from an informant the Katghora Excise Circle initiated an VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2025.10.30 11:43:47 +0530 2 operation targeting illegal liquor manufacturing. The information led them to the residence of the accused, Durgesh Rajak, located in Darripara Pasana. Upon arrival at the place, a team of officers conducted a search of Mr. Rajak’s property including his house and backyard. The search carried out in the presence of witnesses resulted in the significant seizure of 15.500 liters of hand distilled Mahua liquor and an additional 45 kgs Mahua Lahan the raw material used for its production has been seized. Therefore, aforesaid offences have been registered against the applicant. Hence, this bail application. 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 and the applicant is in jail since 21.08.2025 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 not been filed in the present case before the competent Court. He further submits that the applicant is having 02 criminal antecedent under the Excise Act and he is a habitual offender. As such, 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 that the charge-sheet has not been filed before the competent Court and the present applicant has 02 criminal 3 antecedent 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 15.500 liters of hand made Mahua liquor and an additional 45 kgs Mahua Lahan and also in light of the judgment rendered by the Hon’ble 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. 7. Accordingly, the bail application of the applicant- Durgesh Rajak filed under Section 439 of the Cr.P.C., involved in Crime No. 74/2025 registered at Police Station Excise Circle Katghora, District Korba (C.G.), for the offence punishable under Section 34 (1), (d) (p), 34(2) and 59(d) of the Chhattisgarh Excise Act, is rejected. 8. Office is directed to send a certified copy of this order to the trial Court concerned for necessary information. - Sd/- (Ramesh Sinha) Chief Justice vaishali