1 2025:CGHC:57297 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 9551 of 2025 • Rajkumari Ogre W/o Late Vinod Ogre Aged About 43 Years R/o Indira Nagar, Pamgarh, Police Station Pamgarh, District- Janjgir- Champa (C.G.) ... Applicant versus • State of Chhattisgarh Through- The Station House, Officer Police Station- Pamgarh District- Janjgir-Champa (C.G.) ... Respondent (Cause title is taken from Case Information System) For Applicant : Mr. Parasmani Shriwas, Advocate For Respondent/State : Mr. Amit Verma, Panel Lawyer Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 25/11/2025 1. This is second 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.357/2025 registered at Police Station- Pamgarh, District Janjgir-Champa (C.G.), for the offence punishable under Section 34(2) of the Chhattisgarh Excise Act. 2. The first bail application filed by the applicant was rejected in MCRC No.7204 of 2025 vide order dated 10.09.2025. VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2025.11.26 18:47:07 +0530 2 3. Case of the prosecution, in brief, is that on 12.08.2025, the Police of Police Station Pamgarh, District Janjgir-Champa (C.G.), has received secret information by the informant and conducted a raid in which the applicant was found possessing 10 bulk liters of handmade Mahua liquor and accordingly, the offence punishable under Section 34(2) of the Chhattisgarh Excise Act was registered against the applicant. 4. 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 is in jail since 12.08.2025 and the conclusion of the trial is likely to take quite long time. Therefore, he prays for releasing the applicant on regular bail. 5. 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 further submits that the applicant is having two criminal antecedent under the Excise Act, as such, he is a habitual offender and is not entitled for grant of bail. 6. I have heard learned counsel for the parties and perused the case diary. 7. Considering the fact that the charge-sheet has been filed before the competent Court and in the present case the applicant is having two criminal antecedent under the Excise Act and he is a habitual offender, further he has misused the bail granted to him earlier, and 3 that the quantity of liquor seized is 10 bulk liters of handmade Mahua liquor and considering the fact that the applicant is involved in a case earlier under the Excise Act and the first bail was rejected on that ground and there appears to be no new ground, thus, this Court is of the opinion that is not a fit case to enlarge the applicant on regular bail. 8. Accordingly, the bail application of the applicant- Rajkumar Ogre, involved in Crime No.357/2025 registered at Police Station-Pamgarh, District Janjgir-Champa (C.G.), for the offence punishable under Section 34(2) of the Chhattisgarh Excise Act, is rejected. 9. Needless to say that the trial Court concerned is at liberty to proceed and conclude the trial expeditiously. 10. 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 vaishali