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2025 DAILYLAW 51244 (CHH)

BIRENDRA SINGH v. STATE OF CHHATTISGARH

MCRC/8572/2025 · 2025-10-28

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Judgment text

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1 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8572 of 2025 Birendra Singh S/o Shri Maheshwari, Aged About 58 Years R/o. Weekly Market, Near Kailash Nagar, Jamul District Durg (C.G.) ... Applicant versus State Of Chhattisgarh Through Police Station Jamul, District – Durg (C.G.) ...Non-Applicant For Applicant : Mr. Umesh Pandey, Advocate. For Non-applicant/State : Mr. Bharat Gulabani, Panel Lawyer. 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 Bhartiya Nagrik Suraksha Sanhita, 2023 for grant of regular bail, as she has been arrested in connection with Crime No. 666/2025, registered at Police Station – Jamul, District – Durg (C.G.) for the o:ence punishable under Sections 34(2) of the Chhattisgarh Excise Act. 2. The prosecution story in brief, is that, the Police Station concerned has received a secret information through the informant, and on the basis of said information the Police have RAJSHEKHAR SONI Digitally signed by RAJSHEKHAR SONI 2 seized 101.88 bulk liters of liquor from the possession of the applicant. Thereafter, the crime has been registered against the applicant, and the applicant was arrested by the Police. 3. Learned counsel for the applicant submits that the applicant has been falsely implicated in this case. He further submits that there are 3 criminal antecedent. 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. The applicant is in jail since 07.08.2025 and the conclusion of the trial is likely to take quite long time. Therefore, he prays for releasing the applicant on regular bail. 4. On the other hand, learned State counsel opposes the bail application and submits that in the present case, the applicant has 3 previous criminal antecedent and the quantity of liquor seized from the possession of the applicant i.e. 101.88 bulk liters of 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 o:ence levelled against the applicant and the fact that there are 3 criminal antecedents of the applicant and a huge quantity of liquor, i.e. 101.88 bulk liters of liquor was seized from the possession of the applicant and no plausible explanation has been given in this regard. Furthermore, considering the gravity and seriousness of this case, it cannot be a case of false 3 implication, this Court is of the view that it is not a Ct case to enlarge the applicant on bail. 7. Accordingly, the bail application of the applicant Birendra Singh involved in Crime No. 666/2025, registered at Police Station – Jamul, District – Durg (C.G.) for the o:ence punishable under Sections 34(2) of the Chhattisgarh Excise Act, is rejected at this stage. 8. Needless to say that the trial Court concerned is at liberty to proceed and conclude the trial expeditiously. 9. OEce is directed to provide a certiCed copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Rajshekhar