1 2025:CGHC:40212 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6344 of 2025 Anil Jangde S/o Chetan Jangde Aged About 32 Years R/o Rampur, P.S. Palari, District Balodabazar Chhattisgarh ... Applicant versus State Of Chhattisgarh Through Station House Officer, Police Station Excise Circle Palari, District Balodabazar-Bhatapara Chhattisgarh ... Respondent For Applicant : Shri C.R. Sahu, 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.45/2025 registered at Police Station Excise Circle Palari District Balodabazar-Bhatapara (C.G.) for the offence punishable under Sections 34 (2), 59(a) of the Chhattisgarh Excise Act. GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2025.08.14 18:24:17 +0530 2 2. Case of the prosecution, in brief, is that on the date of incident, police has received information by informant that unknown person is transporting illegal liquor by his motorcycle to sale and police has seized 35.00 bulk liter country made mahua liquor from possession of the applicant at open place and police has registered a case for offence punishable under section 34 (2), 59(a) of the Excise Act against applicant. 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 31/07/2025 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. He further submits that the applicant is having 02 criminal antecedents under the Excise Act of the year 2019 and 2021 and 35.00 bulk liter country made 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 not been filed in this case and in the present case the applicant is having 02 criminal antecedents under the Excise Act of the year 2019 and 2021 and he is a habitual offender, further he has misused the bail granted to him earlier and that the quantity of liquor seized is 35.00 bulk liter country made 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-Anil Jangde, involved in Crime No.45/2025 registered at Police Station Excise Circle Palari District Balodabazar-Bhatapara (C.G.) for the offence punishable under Sections 34 (2), 59(a) 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 gouri