1 2025:CGHC:14888 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 1239 of 2025 Ravi Shankar S/o Laxmi Narayan Binjhwar Aged About 33 Years Caste Binjhwar R/o Mouhadih Thana Hardibazar District - Korba (C.G.) ... Applicant(s) versus State Of Chhattisgarh Through District - Magistrate Korba District - Korba (C.G.) ... Respondent(s) For Applicant(s) : Mr. Vikas Kumar Pandey, Advocate. For Respondent(s) : Ms. Smriti Shrivastava, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 27/03/2025 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. 165/2024 registered at Police Station Excise Circle, Darri Gevra District - Korba (C.G.), for the offence punishable under Section 34(1)(क)(ख)(च), 34(2) and 59(क) of the Chhattisgarh Excise Act. AKHILESH KUMAR DEWANGAN Digitally signed by AKHILESH KUMAR DEWANGAN 2 2. Case of the prosecution, in brief, is that on 19.12.2024, as per secret information received from the information, the Police of Police Station Excise Circle, Darri Gevra District – Korba (C.G.) seized 77 bulk liter Kachhi Mahua liquor and 2100 Kgs of Mahua Lahan from the possession of applicant, thereafter, aforesaid offence has been registered against the applicant and subsequently, he has been arrested. Hence, the bail application. 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 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 19.12.2024, so far as criminal antecedents of the applicant are concerned, applicant has three criminal antecedents under the Excise Act, which are pending 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 3 criminal antecedents under the Excise Act under the Excise Act, as such, he is a habitual offender and is not entitled for grant of bail. 3 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the fact that the charge-sheet has been filed before the competent Court and in the present case the applicant is having 3 criminal antecedent under the Excise Act, which are pending, a such, he is a habitual offender, further he has misused the bail granted to him earlier, and that the quantity of liquor seized is 77 bulk liters of Kachhi Mahua liquor and 2100 Kgs Mahua Lahan 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-Ravi Shankar, involved in Crime No. 165/2024 registered at Police Station Excise Circle, Darri Gevra District - Korba (C.G.), for the offence punishable under Section 34(1)(क)(ख)(च), 34(2) and 59(क) 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