1 2025:CGHC:61249 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 9113 of 2025 Preetam Sahu S/o Late Shri Heera Sahu Aged About 22 Years R/o Village- Ghughwa, P.S. And Tahsil- Dongargaon, District- Rajnandgaon (C.G.) ... Applicant(s) versus State Of Chhattisgarh Through The Station House Officer- Dongargaon, District- Rajnandgaon (C.G.) ... Respondent(s) For Applicant(s) : Mr. Basant Dewangan, Advocate. For Respondent(s) : Mr. Nitansh Jaiswal, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 16/12/2025 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. 316/2025 registered at Police Station AKHILESH KUMAR DEWANGAN Digitally signed by AKHILESH KUMAR DEWANGAN 2 Dongargaon, District- Rajnandgaon (C.G.), for the offence punishable under Section 34(2) of the Chhattisgarh Excise Act. 2. Case of the prosecution, in brief, is that on 07.10.2025, as per secret information, the Police of Police Station Dongargaon, District- Rajnandgaon seized 32.400 bulk liters of liquor from the possession of the applicant, which led to the registration of alleged offence against the applicant and subsequently, the applicant was arrested. Hence, the bail application. 3. Learned counsel for the applicant submits that the applicant has been falsely implicated in this case. The mandatory provisions with regard to search and seizure have not been followed by the Police in this case. He also submits that under Section 34(2) of the Chattisgarh Excise Act, the minimum punishment is one year and maximum punishment is three years. He also submits that the applicant has thee criminal antecedents, out of which, two are under the Excise Act (the case under 36(c) of Excise Act has already been disposed of) and one is under the Motor Vehicle Act, which has already been disposed of, the applicant is in jail since 07.10.2025 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 counsel appearing for the State/non-applicant would oppose the bail application and submit that the charge-sheet has been filed in the present case before the competent Court. He 3 further submits that the applicant is having three criminal antecedents, out of which, two are under the Excise Act and one is under the Motor Vehicle Act, as such, applicant is a habitual offender and is not entitled for grant of bail. 5. I have heard learned counsel for the parties and perused the case diary. 6. From perusal of the bail application, it transpires that though the learned counsel for the applicant has mentioned three criminal antecedents of the applicant in para 4(A) of the bail application stating that two of them have already been disposed of by paying the fine amount however, the affidavit filed by the deponent I.e uncle of the applicant goes to show that the applicant has total 04 criminal antecedents, out of which, only one under the Excise Act has been disposed of, however, two under the Excise Act of year 2022 and 2025 and one under the IPC of the year 2025 are still pending, which itself goes to show that he is a habitual offender, further he has misused the bail granted to him earlier, and that the quantity of liquor seized is 32.400 bulk liters of liquor, 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, this Court is of the opinion that is not a fit case to enlarge the applicant on regular bail. 4 7. Accordingly, the bail application of the applicant-Preetam Sahu, involved in Crime No. 316/2025 registered at Police Station Dongargaon, District- Rajnandgaon (C.G.), for the offence punishable under Section 34(2) of the Chhattisgarh Excise Act, 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 send a certified copy of this order to the trial Court concerned for necessary information and compliance. - Sd/- (Ramesh Sinha) Chief Justice Akhil