1 2025:CGHC:8153 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 1297 of 2025 Sujeet Sarthi S/o Late Shri Basant Sarthi Aged About 28 Years R/o Village- Fokatpara Shivrinarayan, P.S.- Shivrinarayan, Dist- Janjgir-Champa (C.G.) ... Applicant versus State Of Chhattisgarh Through Station House OfÏcer, Police Station- Shivrinarayan, Dist-Janjgir-Champa (C.G.) ... Non-applicant For Applicant : Mr. Sunil Sahu, Advocate. For Non-applicant/State : Ms. Smriti Shrivastava, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 17.02.2025 1. The applicant has preferred this First Bail Application under Section 483 of Bhartiya Nagrik Suraksha Sanhita, 2023 for grant of regular bail, as he has been arrested in connection with Crime No.10/2025, registered at Police Station Shivrinarayan District-Janjgir-Champa (C.G.) for the offence punishable under Section 34(2) of the Chhattisgarh Excise Act. 2. The prosecution story in brief, is that, on 07.01.2025, the Police of Police Station Shivrinarayan District- Janjgir-Champa have received a secret information from the informant, on the basis of said information, the Police conducted raid and have seized 510 KUNAL DEWANGAN Digitally signed by KUNAL DEWANGAN 2 Pouches of country made liquor which is 51.00 bulk liters from the applicant. Thereafter, the crime has been registered for an offence punishable under Section 34(2) of the Chhattisgarh 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 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 three criminal antecedents under the Excise Act of the year 2021 and 2022 out of which one case has disposed off and two cases are still pending and he is in jail since 07.01.2025 and the conclusion of the trial is likely to take quite long time. Therefore, he prays for releasing the applicant on regular bail. 4. On the other hand, learned counsel for the State opposes the bail application and submits that in the present case, charge-sheet has been filed before the competent Court and the quantity of liquor seized from the possession of the applicant i.e. 51.00 bulk liters of country made liquor. She further submits that the applicant has three criminal antecedents under the Excise Act out of which two cases are of the year 2022 and one case of the year 2021 and as such he is a habitual offender. Hence, he is not entitled for grant of bail. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the fact and circumstances of the case, nature and gravity of offence levelled against the applicant and the fact that in 3 the present case charge-sheet has been filed before the competent Court and the quantity of liquor seized from the possession of the applicant i.e. 51.00 bulk liters of country made liquor, so far as the criminal antecedents of the applicant is concerned, the applicant has three criminal antecedents under the Excise Act of the year 2021 and 2022 out of which one case has been disposed off and two cases are still pending, it appears that the present applicant is a habitual offender, further he has misused the bail granted to him earlier, and also in light of the judgment rendered by the Hon’ble Court in Deepak Yadav Vs. 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 it is not a fit case to enlarge the applicant on regular bail. Accordingly, the bail application of applicant – Sujeet Sarthi involved in Crime No.10/2025, registered at Police Station Shivrinarayan District-Janjgir-Champa (C.G.) for the offence punishable under Section 34(2) of the Chhattisgarh Excise Act, is rejected. 7. Office 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 Kunal