1 2025:CGHC:54161 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8834 of 2025 Pawan Kosre @ Gariba S/o Dasru Ram Kosre Aged About 50 Years R/o Ravi Nagar Rohina, Police Station- Rajim, District- Gariyaband C.G. ... Applicant versus State Of Chhattisgarh Through Station House Officer, Police Station- Rajim, District- Gariyaband C.G. ... Non-Applicant For Applicant : Mr. Krishna Kumar Dewangan, Advocate. For Non-Applicant/State : Mr. Malay Jain, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 06.11.2025 1. The applicant has preferred this First Bail Application under Section 483 of Bharatiya Nagarik Nyay Sanhita, 2023 for grant of regular bail, as he has been arrested in connection with Crime No.258/2025, registered at Police Station - Rajim, District- Gariyaband, (C.G.) for the offence punishable under Section 34(2) of the Chhattisgarh Excise Act. 2. As per the prosecution story, the police of Police Station Rajim received information from an informant that the applicant was in possession of liquor. Based on this information, the police conducted PREETI KUMARI Digitally signed by PREETI KUMARI Date: 2025.11.07 15:27:43 +0530 2 a raid and allegedly recovered 5.400 bulk liters of country-made liquor from the possession of the applicant. Accordingly, an offence under Section 34(2) of the Excise Act was registered, and the applicant was arrested. 3. Learned counsel for the applicant submits that the applicant is innocent and falsely implicated in this case. He further submits that the applicant has three previous criminal antecedents under the Excise Act, out of which two cases are pending, and one case has been decided, further the charge-sheet has been filed and he is in jail since 25.08.2025 and 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 the charge-sheet has been filed. He further submits that the applicant is having three previous criminal antecedents under the Excise Act, out of which two cases are pending, which shows that he is habitual offender, therefore, his bail application is liable to be dismissed. 5. I have heard learned counsel appearing for the parties and perused material available on record. 6. Considering the fact and circumstances of the case, nature of allegation levelled against the applicant and the fact that the applicant is having three previous criminal antecedents under the Excise Act, out of which two cases are pending which shows that he is a habitual offender, further he has misused the bail granted to him earlier, and that the quantity of liquor seized is total 5.400 bulk liters of country-made liquor has been recovered from the possession of 3 the applicant 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. 7. Accordingly, the bail application of applicant – Pawan Kosre @ Gariba involved in Crime No.258/2025, registered at Police Station - Rajim, District- Gariyaband, (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 provide a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- ((Ramesh Sinha) Chief Justice Preeti