1 2025:CGHC:7735 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 1240 of 2025 Dilip Bhagat S/o Shri Jaldhar Bhagat Aged About 37 Years R/o Village Kolam Thana And Tahsil - Tamnar District - Raigarh (C.G.) ... Applicant(s) versus State Of Chhattisgarh Through The Station House Officer Police Station Tamnar District - Raigarh (C.G.) ... Non-Applicant(s) For Applicant(s) : Mr. Rajendra Patel, Advocate. For Non-Applicant(s) : Ms. Shubha Shrivastava, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 13/02/2025 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. 21/2025 registered at Police Station Tamnar District - Raigarh (C.G.), for the offence punishable under Section 34(2) and 59(A) of the Chhattisgarh Excise Act. AKHILESH KUMAR DEWANGAN Digitally signed by AKHILESH KUMAR DEWANGAN 2 2. Case of the prosecution, in brief, is that the Police of Police Station Tamnar District – Raigarh (C.G.) as per secret information conducted raid and found the applicant in possession of 10 bulk liters country made liquor, thereafter, the offence has been registered 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 the under Section 34(2) of the Chattisgarh Excise Act, minimum punishment is one year and maximum punishment is three years. He also submits that the applicant has seven criminal antecedents, out of which, three are Istagashas and four are under the Excise Act of the years 2021, 2022 and 2023, which are pending, further he is in jail since 23.01.2025 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 has seven criminal antecedents, out of which, three are Istagashas and four are under the Excise Act of the years 2021, 2022 and 2023, 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 has seven criminal antecedents, out of which, three are Istagashas and four are under the Excise Act of the years 2021, 2022 and 2023, as such, he is a habitual offender further he has misused the bail granted to him earlier, and that the quantity of liquor seized is 10 bulk liters of country made 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, this Court is of the opinion that is not a fit case to enlarge the applicant on regular bail. Accordingly, the bail application of the applicant-Dilip Bhagat, involved in Crime No. 21/2025 registered at Police Station Tamnar District - Raigarh (C.G.), for the offence punishable under Section 34(2) and 59(A) of the Chhattisgarh Excise Act, is rejected. 7. Needless to say that the trial Court concerned is at liberty to proceed and conclude the trial expeditiously. 8. OfÏce is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance. - Sd/- (Ramesh Sinha) Chief Justice Akhil