1 2025:CGHC:42465 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6156 of 2025 Shankar Sahu S/o Shri Mansay Aged About 70 Years R/o Village- Chandan, Thana- Rajadevri, Distt.- Balodabazar-Bhatapara (C.G.) ... Applicant(s) versus The State Of Chhattisgarh Through Station House OfÏcer, P.S. Rajadevri, Distt.- Balodabazar-Bhatapara (C.G.) ... Non-applicant(s) (Cause title taken from the case Information System) For Applicant : Mr. Rajendra Patel, Advocate. For Non-applicant/State : Mr. Swajeet Ubeja, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 21.08.2025 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.40/2025, registered at Police Station-Rajadevri District- Balodabazar- Bhatapara (C.G.) for the offence punishable under Section 34(2) of the Chhattisgarh Excise Act. 2. The prosecution story in brief is that on 30.05.2025, the ofÏcers of P.S. Rajadevri have received a secret information from the informant with the averment that the applicant has kept the country made Liquor in his house at village Chandan for selling purpose so police has made KUNAL DEWANGAN Digitally signed by KUNAL DEWANGAN 2 the search and alleged to be seized the country made liquor which is 10 Bulk Liters of country made Mahua liquor asked the applicant to produce papers, he failed therefore, arrested the present applicant on the basis of doubt. 3. Learned counsel for the applicant submits that the applicant has been falsely implicated in this case and the said liquor has not been recovered from the inclusive possession of the applicant. He further submits that under Section 34(2) of the Chattisgarh Excise Act, minimum punishment is one year and maximum punishment is three years and the applicant has four criminal antecedents under the Excise Act of the year 2021 to 2023 which has been clearly explained in the bail application of para No. 4(A) and he is in jail since 30.05.2025 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 counsel for the State opposes the bail application and submits that in the present case, charge-sheet has been filed before the competent Court and the quantity of liquor seized from the possession of the applicant i.e. 10 bulk liters of country made mahua liquor. He further submits that the applicant has four criminal antecedents under the Excise Act of the year 2021 to 2023 and as such he is a habitual offender. 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 offence levelled against the applicant and the fact that in the present case charge-sheet has been filed before the competent Court and the 3 quantity of liquor seized from the possession of the applicant i.e. 10 bulk liters of country made mahua liquor, so far as the criminal antecedents of the applicant is concerned, the applicant has four criminal antecedents under the Excise Act of the year 2021 and 2023, it appears that the present applicant is a habitual offender, further he has misused the bail granted to him earlier, and also in light of the judgment rendered by the Hon’ble Court in Deepak Yadav Vs. 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 that it is not a fit case to enlarge the applicant on regular bail. Accordingly, the bail application of applicant – Shankar Sahu involved in Crime No.40/2025, registered at Police Station-Rajadevri District- Balodabazar- Bhatapara (C.G.) for the offence punishable under Section 34(2) of the Chhattisgarh Excise Act, is rejected. 7. Needless to say that the trial Court concerned is at liberty to proceed and conclude the trial expeditiously. 8. OfÏce 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 Kunal