1 2025:CGHC:60097 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8872 of 2025 Gendram Sahu S/o Purushottam Sahu Aged About 25 Years R/o Gram Damakheda, Tehsil And P.S. Simga, Distt. Balodabazar-Bhatapara, Chhattisgarh. ... Applicant versus State Of Chhattisgarh Through SHO, P.S. Excise Circle Simga, Distt. Balodabazar-Bhatapara, Chhattisgarh. ... Respondent For Applicant : Shri Amit Nayak, Advocate. For Respondent/State : Ms. Vaishali Mahilong, PL. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 10/12/2025 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.64/2025 registered at Police Station Excise Circle Simga, Distt. Balodabazar-Bhatapara, Chhattisgarh. for the offence punishable under Sections 34(2) and 59 (A) of the Chhattisgarh Excise Act. GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2025.12.11 18:14:46 +0530 2 2. Case of the prosecution, in brief, is that on 01.10.2025 a secret information was received by inspector of Police Station Excise Circle Simga, District - Balodabazar - Bhatapara (C.G). that present applicant has stored illegal liquor and during investigation it was found that in one piece of white colour bag 130 piece of country made liquor of 180 ml each Total 23.400 bulk liter illegal liquor was recovered from the possession of the present applicant it is alleged that applicant is the owner of the seized liquor on this basis the above the police has registered the case against present applicant. 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 is in jail since 01/10/2025 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. She further submits that the applicant is having 02 criminal antecedents under the Excise Act, as such, he 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. Considering the facts and circumstances of the case, further the fact that in the present case the applicant is having 02 criminal antecedents 3 under the Excise Act and he is a habitual offender further he has misused the bail granted to him earlier and that the quantity of liquor seized is 23.400 bulk liter 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, this Court is of the opinion that this is not a fit case to enlarge the applicant on regular bail. 7. Accordingly, the bail application of the applicant-Gendram Sahu, involved in Crime No.64/2025 registered at Police Station Excise Circle Simga, Distt. Balodabazar-Bhatapara, Chhattisgarh. for the offence punishable under Sections 34(2) and 59 (A) of the Chhattisgarh Excise Act, is rejected. 8. Office is directed to send a certified copy of this order to the trial Court concerned for necessary information. - SD Sd/- (Ramesh Sinha) Chief Justice gouri