1 2025:CGHC:60968 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8963 of 2025 Rekh Lal Sahu S/o Hiraman Sahu Aged About 20 Years R/o Village Raja Bhanpuri, P.S. Lalbag, Tah. And Distt. Rajnandgaon, Chhattisgarh. ... Applicant versus State Of Chhattisgarh Through P.S. Lalbag Chowki, Tumdibod, Distt. Rajnandgaon, Chhattisgarh. ... Respondent For Applicant : Shri Rakesh Kumar Thakur, Advocate. For Respondent/State : Smt. Subha Shrivastava, PL. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 15/12/2025 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. 258/2025 registered at Police Station Lalbag Chowki, Tumdibod for the offence punishable under Section 34(2) of C.G. Excise Act & 39/192(1),130(3)/177 of M.V.Act. GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2025.12.16 18:28:27 +0530 2 2. Case of the prosecution, in brief, is that on 02/06/2025 (As per chargesheet) an information was received on telephone at police chowki Tumdibod, Dist. Rajnandgaon that a white car has met with an accident nearby pond of village Jhitiya to Pendarwani road, upon searching the car bearing reg. no. C.G.-08-K-5570, it was found that the persons travelling in the car had ran away, also four sealed cartoons were found containing 200 country made liquor bottles of 180 ml. each, total amounting 41.40 litres. 3. Learned counsel for the applicant submits that the applicant has been falsely implicated in this case and the alleged liquor was not seized from the exclusive possession of the applicant, while it was seized from the abandoned vehicle. 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 31/07/2025 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. She further submits that the applicant is having 02 criminal antecedents under the Excise Act of the year 2024 and 2024, 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 02 criminal antecedents under the Excise Act of the year 2024 and 2024 and he is a habitual offender, further he has misused the bail granted to him earlier and that the quantity of liquor seized is 41.40 bulk liters 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 this is not a fit case to enlarge the applicant on regular bail. 7. Accordingly, the bail application of the applicant-Rekh Lal Sahu, involved in Crime No. 258/2025 registered at Police Station Lalbag Chowki, Tumdibod for the offence punishable under Section 34(2) of C.G. Excise Act & 39/192(1),130(3)/177 of M.V.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