1 2025:CGHC:60969 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8960 of 2025 Bhagwan Das Yadav S/o Budharu Yadav Aged About 40 Years R/o Rawan, Police Station City Kotwali, Balodabazar District- Balodabazar- Bhatapara (C.G.) ... Applicant versus State Of Chhattisgarh Through Station House Officer, Police Station City Kotwali, Balodabazar District- Balodabazar- Bhatapara (C.G.) ... Respondent For Applicant : None. For Respondent/State : Shri Amit Verma, PL. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 15/12/2025 1. None appears nor is any representation made on behalf of the applicant to press this bail application when the case is called out. 2. It transpires from the record that the applicant is in jail since 11/10/2025. Hence, the Court proceeds to consider and hear the GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2025.12.16 18:28:26 +0530 2 bail application of the applicant with the assistance of the State counsel. 3. 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.983/2025 registered at Police Station City Kotwali, Balodabazar District- Balodabazar- Bhatapara (C.G.) for the offence punishable under Section 34(2) of Chhattisgarh Excise Act. 4. Case of the prosecution, in brief, is that on 11.10.2025, the Assistant Sub-Inspector of Police Station, City Kotwali, Balodabazar namely Mohd. Jamil received information through informant to the effect that the applicant is in possession of liquor for sale. On the basis of said information, the police personnel conducted raid and allegedly recovered 6.300 bulk liters country made liquor from the possession of applicant from Main Road of Village Raan. Based on the same, the offence U/s 34(2) of Chhattisgarh Excise Act has been registered against the applicant. 5. Learned counsel appearing for the State/non-applicant would oppose the bail application. He further submits that the applicant is having 02 criminal antecedents under the Excise Act of 2025 which are pending, as such, he is a habitual offender and is not entitled for grant of bail. 3 6. I have perused the case diary. 7. Considering the facts and circumstances of the case and in the present case, the applicant is having 02 criminal antecedents under the Excise Act of 2025 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 6.300 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, therefore this Court is of the opinion that this is not a fit case to enlarge the applicant on regular bail. 8. Accordingly, the bail application of the applicant-Bhagwan Das Yadav, involved in Crime No.983/2025 registered at Police Station City Kotwali, Balodabazar District- Balodabazar- Bhatapara (C.G.) for the offence punishable under Section 34(2) of Chhattisgarh Excise Act, is rejected. 9. 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