1 2025:CGHC:49600 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7831 of 2025 Ramla Bai (Ramhla Bai As Per Arrest Memo) W/o Balkrishna Khelwar Aged About 38 Years, R/o Village- Gidkera, P.S. Palari, Distt.- Balodabazar-Bhatapara, (C.G.) ... Applicant versus State Of Chhattisgarh Through Excise Circle, Palari, Distt.- Balodabazar-Bhatapara (C.G.) ... Respondent For Applicant : Shri Tanuj Patwardhan, Advocate. For Respondent/State : Ms. Ankita Shukla, PL. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 06/10/2025 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.56/2025 registered at Police Station Excise Circle, Palari, Dist- GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2025.10.07 14:37:26 +0530 2 Balodabazar-Bhatapara, C.G. for the offence punishable under Section 34(2) of C.G. Excise Act. 2. Case of the prosecution, in brief, is that on 30/08/2025, on the basis of information received from the informant during patrolling, the police of excise circle, Palari, Dist- Balodabazar-Bhatapara, confiscated 7.3 bulk litre country made liquor from the residence of the applicant on the basis of which the applicant was arrested by the police of excise circle, Palari, Dist- Balodabazar-Bhatapara (C.G.), for the alleged offence punishable under Section 34(2) of the C.G. Excise Act. 3. Learned counsel for the applicant submits that the applicant has been falsely implicated in this case and 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. He also submits that the applicant is in jail since 30/08/2025 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 State counsel appearing for the non-applicant/State would oppose the bail application and she would submit that the charge-sheet has been filed in the present case before the competent Court. She further submits that the applicant is having 02 criminal antecedents under the Excise Act which are pending and she is a habitual offender. As such, she 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 applicant is having 02 criminal antecedents under the Excise Act which are pending and she is a habitual offender, further she has misused the bail granted to her earlier, and that the quantity of liquor seized is 7.3 bulk litre country made 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, therefore 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 applicant Ramla Bai involved in Crime No.56/2025 registered at Police Station Excise Circle, Palari, Dist-Balodabazar-Bhatapara, 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 and compliance forthwith. - Sd/- (Ramesh Sinha) Chief Justice gouri