1 2025:CGHC:59518 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8477 of 2025 Farid Khan @ Bhoku S/o Abdul Hamid Aged About 35 Years R/o Bhandhwa Para, Police Station Purani Basti, Raipur, District - Raipur C.G. ... Applicant versus State of Chhattisgarh Through Station House Officer, Police Station Purani Basti, Raipur, District - Raipur C.G. ... Non-Applicant For Applicant : Ms. Preeti Yadav, Advocate. For Non-Applicant/State : Ms. Soumya Sharma, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 08.12.2025 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.359/2025, registered at Police Station - Purani Basti, Raipur, District - Raipur (C.G.) for the offence punishable under Section 34(2) of the Chhattisgarh Excise Act. 2. As per the prosecution story, on 27.08.2025, information was received by an informant near the Muslim Kabristan, Raipur. The informer informed the Purani Basti Police Station, Raipur, that the applicant had attended the death ceremony of his maternal uncle on 27.08.2025 at about 4:30 AM. After the ceremony concluded, all persons returned to their homes. PREETI KUMARI Digitally signed by PREETI KUMARI Date: 2025.12.10 11:44:39 +0530 2 At that time, the police of Purani Basti Police Station, Raipur, arrested the applicant and lodged an FIR against him for allegedly being in possession of 8.640 bulk litres of country-made masala liquor. The concerned police arrested him, sent him to judicial custody, and obtained his remand. On this basis, the police investigated the matter and registered a crime under Section 34(2) of the C.G. Excise Act. The investigation is still in progress, and the challan has not yet been filed before the competent Court. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in this case. She further submits that the applicant was not in possession of any illicit liquor nor had he kept the same. It is submitted that the applicant has nine previous criminal antecedents, out of which he has been acquitted in one case. The applicant has been in jail since 28.08.2025. As the trial is likely to take a considerable length of time, she prays for the applicant to be released 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 nine previous criminal antecedents, out of which two are under the Excise Act, two are under the Arms Act, three are under the IPC and two are under the NDPS Act, which shows that he is a 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 facts and circumstances of the case, the nature of the allegations levelled against the applicant, and the fact that although time was granted to the applicant to explain the nine criminal cases pending against him, he has explained only one case, in which he has been 3 acquitted, however, with regard to the remaining eight criminal antecedents of the applicant, it is seen that two cases are under the Excise Act, two under the Arms Act, two under the IPC, and two under the NDPS Act, which clearly indicates 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 8.640 bulk litres of country-made masala liquor has been recovered from the possession of 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 – Farid Khan @ Bhoku involved in Crime No.359/2025, registered at Police Station - Purani Basti, Raipur, District - Raipur (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