1 2025:CGHC:56185 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8291 of 2025 Raja Bajaj Son Of Late Ram Bajaj Aged About 26 Years Resident Of Near Shiv Mandir, Khalbada, House Of Chhotu, P.S. Gudhiyari, District- Raipur (C.G.) ... Applicant versus State Of Chhattisgarh Through- Station House Officer, Police Station, Gudhiyari, Raipur, District- Raipur (C.G.) ... Respondent For Applicant : Shri B.L. Sahu, Advocate. For Respondent/State : Smt. Smriti Shrivastava, PL. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 18/11/2025 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.400/2025 registered at Police Station Gudhiyari, Raipur, District GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2025.11.19 19:40:04 +0530 2 Raipur (C.G.) for the offence punishable under Section 34 (2) of the Chhattisgarh Excise Act. 2. Case of the prosecution, in brief, is that the police has received information through informant during patrolling that on the date of incident, three unknown person has kept illegal liquor in his possession to sale, and police has seized 12.060 bulk litres foreign liquor from place of incident at open place near Pani Tanki and applicant did not produce any document of seized liquor and hence police has registered a case for offence punishable under section 34 (2) of the Excise Act against the 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 28/08/2025 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. She further submits that the applicant is having 03 criminal antecedents under the Excise Act which are pending, 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 facts and circumstances of the case and in the present case, the applicant is having 03 criminal antecedents under the Excise Act which are pending and he is a habitual offender, further he has misused the bail granted to him earlier and that the quantity of liquor seized is 12.060 bulk litres foreign liquor 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, therefore 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-Raja Bajaj, involved in Crime No.400/2025 registered at Police Station Gudhiyari, Raipur, District Raipur (C.G.) for the offence punishable under Section 34 (2) 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/- (Ramesh Sinha) Chief Justice gouri