1 2025:CGHC:52198 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8441 of 2025 Lakhan Sahu S/o Late Shri Roopdas Sahu Aged About 27 Years R/o Village Padumtara, Thana Thelkadih, District Khairagarh-Chhuikhadan- Gandai, Chhattisgarh. ... Applicant(s) versus The State Of Chhattisgarh Through Station House Officer, Police Station Thelkadih, District Khairagarh-Chhuikhadan-Gandai, Chhattisgarh. ... Respondent(s) For Applicant(s) : Mr. Rajendra Patel, Advocate. For Respondent(s) : Mr. Bharat Gulabani, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 27.10.2025 1. The applicant has preferred this First Bail Application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’), for grant of regular bail, as he has been arrested in connection with Crime No. 119/2025, registered at Police Station Thelkadih, District Khairagarh-Chhuikhadan-Gandai (CG) for the offence punishable under Section 34 (2) of C.G. Excise Act. 2. Case of the prosecution, in brief, is that as per secret information, the Police of Police Station Thelkadih, District Khairagarh- AKHILESH KUMAR DEWANGAN Digitally signed by AKHILESH KUMAR DEWANGAN 2 Chhuikhadan-Gandai (CG) seized 15.660 liters of illicit liquor from the possession of the applicant, which led to the registration of the alleged offence against the applicant. Hence, the bail application. 3. Learned counsel for the applicant submits that the applicant has not committed the alleged offence, as no seizure of any illicit liquor has been made from the possession of present applicant, only on the basis of memorandum statement of co-accused person, he has been implicated in the present case. The mandatory provisions with regard to search and seizure have not been followed by the Police in this case. He further 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 eight criminal antecedents, out of which, three cases are pending and he is in jail since 26.08.2025 and the conclusion of the trial is likely to take quite long time. Therefore, he prays for releasing the applicant on regular bail. 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 further submits that the applicant is having nine criminal antecedents, out of which, two cases are under the Excise Act and are pending against him, 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. 3 6. Considering the fact that the charge-sheet has been filed before the competent Court and in the present case the applicant is having nine criminal antecedents, out of which, two cases are under the Excise Act and are pending against him, which shows that the applicant is a habitual offender and he has misused the bail granted to him earlier, the quantity of liquor seized is 15.660 liters of illicit 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. 7. Accordingly, the bail application of the applicant-Lakhan Sahu, involved in Crime No. 119/2025, registered at Police Station Thelkadih, District Khairagarh-Chhuikhadan-Gandai (CG) for the offence punishable under Section 34 (2) of C.G. 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