1 2025:CGHC:6068 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 926 of 2025 Bhuneshwar Padmakar S/o Late Mehattar Padmakar Aged About 41 Years R/o Village Nayapara-Gaddongri, Police Station Sihawa, District Dhamtari, Chhattisgarh. ... Applicant(s) versus State Of Chhattisgarh Through The Station House Officer Of Police Station Sihawa, District Dhamtari, Chhattisgarh. ... Respondent(s) For Applicant(s) : Mr. Sanjeev Kumar Sahu, Advocate For Respondent(s) : Ms. Monika Thakur, Panel Lawyer Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 03.02.2025 1. This is the first bail application filed under 483 of The Bharatiya Nagarik Suraksha Sanhita (BNSS) for grant of regular bail to the applicant who has been arrested in connection with Crime No. 135/2024 registered at Police Station - Sihawa, District Dhamtari, Chhattisgarh, for the offence punishable under Section 34(2) of the Excise Act. MANPREET KAUR Digitally signed by MANPREET KAUR Date: 2025.02.03 17:57:04 +0530 2 2. Case of the prosecution, in brief, is that the police of Police Station Sihawa, District Dhamtari (C.G.) seized 36.890 bulk litres of foreign liquor from the possession of applicant kept in his bari (barn of his house) and further the case was registered against him under Section 34(2) of the Excise Act. 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 Chhattisgarh Excise Act, minimum punishment is one year and maximum punishment is three years. He further submits that so far as the previous criminal antecedents of the applicant is concerned, as mentioned in para 4(A) of the bail application, as per the knowledge of the deponent, the applicant has no previous criminal antecedents and the applicant is in jail since 13.12.2024 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 State counsel opposes the bail application and submits that the applicant is having three previous criminal antecedent registered pending against him, out of which, two are under the Excise Act of the year 2024 and one is istagasa and thus he is a habitual offender. He also submits that total 36.890 bulk litres of foreign liquor has been recovered from the possession of the applicant, as such, he 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 applicant is having 03 previous criminal antecedents, out of which, two are under the Excise Act of the year 2024 still pending before the trial Court, which itself shows that applicant is a habitual offender, the quantity of liquor seized is 36.890 bulk litres of foreign liquor and also in light of the judgment rendered by the Hon’ble 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, though the charge-sheet has been filed and applicant is languishing in jail since 13.12.2024, this Court is of the opinion that it is not a fit case to enlarge the applicant on regular bail. 7. 7. Accordingly, the bail application of the applicant – Bhuneshwar Padmakar filed under Section 483 of the BNSS, involved in Crime No. 135/2024 registered at Police Station - Sihawa, District Dhamtari, Chhattisgarh, for the offence punishable under Section 34(2) of the Excise Act, is rejected. 8. Needless to say that the trial Court concerned, is at liberty to proceed and conclude the trial expeditiously. 9. OfÏce 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 Manpreet