1 2025:CGHC:20722 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3510 of 2025 Kailash Rathiya S/o Late Jageshwar Rathiya Aged About 23 Years R/o Village Bhagora, P.S. Chakradharnagar, District Raigarh, Chhattisgarh. ... Applicant versus State of Chhattisgarh Through The Station House Officer, P.S. Chakradharnagar, District- Raigarh, Chhattisgarh. ... Non-applicant For Applicant : Mr. Prabhat Kumar Saxena, Advocate For Non-Applicant/State : Mr. Amit Verma, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 06.05.2025 1. The applicant has preferred this First Bail Application under Section 483 of B.N.S.S. for grant of regular bail, as he has been arrested in connection with Crime No. 161/2025, registered at Police Station- Chakradharnagar, District- Raigarh, (C.G) for the offence punishable under Sections 34(2), 59(A) of the Chhattisgarh Excise Act. 2. The prosecution story in brief, is that, as per the secret information received from the informant, on the basis of such information, the police officials conducted raid and have seized 220 bulk liters of RAHUL DEWANGAN Digitally signed by RAHUL DEWANGAN 2 handmade mahua liquor from the possession of the present applicant. Thereafter, the crime has been registered against the applicant. 3. Learned counsel for the applicant submits that the applicant has been falsely implicated in this case and no seizure has been made from the exclusive possession of the applicant. He further submits that the present applicant has 02 criminal antecedents under the Excise Act. He also submits that under Sections 34(2) of the Chhattisgarh Excise Act, minimum punishment is one year and maximum punishment is three years and the applicant is languishing in jail since 20.04.2025 and the conclusion of the trial is likely to take quite long time. Therefore, she prays for releasing the applicant on regular bail. 4. On the other hand, learned State Counsel appearing for the State/non-applicant opposes the bail application and submits that in the present case charge-sheet has been filed before the competent Court. He also submits that the present applicant has 02 criminal antecedents under the similar nature, which shows that the present applicant is a habitual offender. He further submits that the quantity of liquor seized from the possession of the applicant i.e. 220 bulk liters of handmade mahua liquor. As such, he 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 and circumstances of the case, nature and gravity of offence levelled against the applicant and the fact that a huge quantity of liquor, i.e. 220 bulk liters of handmade mahua liquor was seized from the possession of the applicant without any valid licence and no plausible explanation has been offered in this regard, further the present applicant has 02 criminal antecedents under the similar nature, which shows that the present applicant is a habitual offender, furthermore, considering the gravity and seriousness of this case and it cannot be a case of false implication, this Court is of the view that it is not a fit case to enlarge the applicant on bail. 7. Accordingly, the bail application of the applicant Kailash Rathiya, involved in Crime No. 161/2025, registered at Police Station- Chakradharnagar, District- Raigarh, (C.G) for the offence punishable under Sections 34(2), 59(A) 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. 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 Rahul Dewangan