1 2025:CGHC:40213 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6342 of 2025 Baburam S/o Devsi Yadav Aged About 45 Years R/o Subhash Colony, Domanhill, P.S. And Tahsil Chirmiri District - M.C.B. (C.G.) ... Applicant versus State Of Chhattisgarh Through S.H.O. Police Station Chirmiri District - Koriya (Now M.C.B. (C.G.) ... Respondent For Applicant : Shri Pushkar Sinha, Advocate. For Respondent/State : Shri Amit Verma, PL. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 11/08/2025 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.91/2025 registered at Police Station Chirmiri, District Koriya (Now M.C.B), C.G. for the offence punishable under Section 34 (2) of C.G Excise Act. GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2025.08.14 18:25:18 +0530 2 2. Case of the prosecution, in brief, is that the Police of Police Station- Chirmiri got a secret information that, the applicant having illegal possession of handmade Mahua liquor and transporting it the same for sell and after conducting the raid 17.100 bulk liters of handmade Mahua liquor was seized and thereafter FIR was registered for the offence punishable under section 34 (2) of C.G Excise Act and the applicant has been arrested. 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 15/05/2025 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. He further submits that the applicant is having 03 criminal antecedents under the Excise Act of the year 2024 and 2025 and 17.100 bulk liters of handmade Mahua liquor was recovered from the possession of the applicant, 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 03 criminal antecedents under the Excise Act of the year 2024 and 2025 and he is a habitual offender, further he has misused the bail granted to him earlier and that the quantity of liquor seized is 17.100 bulk liters of handmade Mahua 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 this is not a fit case to enlarge the applicant on regular bail. 7. Accordingly, the bail application of the applicant-Baburam, involved in Crime No.91/2025 registered at Police Station Chirmiri, District Koriya (Now M.C.B), C.G. for the offence punishable under Section 34 (2) of C.G 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 gouri