1 2025:CGHC:51471 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8246 of 2025 Laalsai S/o Bigan Ram Aged About 55 Years R/o Satipara, P.S. Chandaura, District - Surajpur Chhattisgarh ... Applicant Versus State Of Chhattisgarh Through Station House Officer Police Station Chandaura, District - Surajpur Chhattisgarh ... Non-applicant For Applicant : Mr. Shakti Raj Sinha, Advocate For Non-applicant : Mr. Hariom Rai, Panel Lawyer S.B. : Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 15.10.2025 1. The applicant has preferred this First Bail Application under Section 483 of Bhartiya Nagrik Suraksha Sanhita, 2023 for grant of regular bail, as he has been arrested in connection with Crime No. 41/2025, registered at Police Station - Chandaura, District – Surajpur (C.G.) for the offence punishable under Section 34(2) of the Chhattisgarh Excise Act, 1915. 2. The prosecution's story, in brief, is that the police of Police Station Chandaura, District - Surajpur, received a secret information from an informant and on the basis of the said information, conducted a raid and seized total 14.890 bulk liters of English liquors (i.e. 21 bottles of Goa Special Whiskey of 180 ml each, 15 bottles of Jammu Whiskey, 07 bottles of Frontline Whiskey of 180 ml each and 11 bottles of Guard Father Beer of 650 ml each) from the possession of the applicant. Thereafter the aforesaid SHUBHAM DEY Digitally signed by SHUBHAM DEY 2 offences were registered against the applicant. 3. Learned counsel for the applicant submits that the applicant has been falsely implicated in this case. He also submits that for the offence under Section 34(2) of the Chattisgarh Excise Act, minimum punishment is one year and maximum punishment is three years and the applicant has 06 criminal antecedents in which, 03 cases are registered for the offences punishable under the Excise Act, 1915 and are pending before the concerned Trial Court. He is in jail since 17.06.2025, 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 counsel for the State opposes the bail application and submits that total 14.890 bulk liters of English liquors (i.e. 21 bottles of Goa Special Whiskey of 180 ml each, 15 bottles of Jammu Whiskey, 07 bottles of Frontline Whiskey of 180 ml each and 11 bottles of Guard Father Beer of 650 ml each) were seized from the possession of the applicant. However, he do not dispute the submission of counsel for the applicant that the applicant is having 06 criminal antecedents in which, 03 cases are registered under the Excise Act, 1915 and are pending before the concerned Trial Court. 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 facts and circumstances of the case also considering the fact that the applicant has 03 criminal antecedents of the similar nature, shows that the present applicant is a habitual offender 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 canceled 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 the applicant namely, Laalsai, involved in Crime No. 41/2025, registered at Police Station - Chandaura, District – 3 Surajpur (C.G.) for the offence punishable under Section 34(2) of the Chhattisgarh Excise Act, 1915 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 Dey