1 2025:CGHC:10574 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 1743 of 2025 Omprakash Sarthi S/o Sadhram Sarthi Aged About 45 Years (wrongly mentioned as 38 in the order) R/o Village - Hati, Police Station- Chhal, District- Raigarh, Chhattisgarh. ... Applicant versus State of Chhattisgarh Through Station House OfÏcer, Police Station - Chhal, District Raigarh, Chhattisgarh. ... Non-applicant For Applicant : Mr. Chandrikaditya Pandey, Advocate. For Non-Applicant/State : Mr. Bharat Gulbani, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 04.03.2025 1. The applicant has preferred this First Bail Application under Section 483 of B.N.S.S. for grant of regular bail, as he has been arrested in connection with Crime No. 21/2025, registered at Police Station Chhal, District – Raigarh (C.G) for the offence punishable under Section 34(2) and 59(A) of the Chhattisgarh Excise Act. 2. The prosecution's case, in brief, is that on January 21, 2025, Assistant Sub-Inspector Shivkumar of Police Station Chhal received secret information that the present applicant, a resident of Village Hati, had stored illicit Kachchi Mahua liquor in his kitchen garden for sale. ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2025.03.05 16:47:20 +0530 2 Based on this information, the police conducted a raid in Village Hati and found the applicant in possession of 5 liters of handmade country (Kachchi-Mahua) liquor in a 5-liter yellow plastic jerrican worth Rs. 500/-, and another 3 liters in a similar jerrican worth Rs. 300/-. A total of 8 liters of handmade country (Kachchi-Mahua) liquor, valued at Rs. 800/-, was seized from the applicant. The applicant was arrested, and the seized articles were registered as evidence. The charge sheet has been filed, and the case is currently pending before the Judicial Magistrate First Class, Dharamjaigarh, District Raigarh (C.G.), as Criminal Case No. 34/2025. 3. Learned counsel for the applicant submits that the applicant has been falsely implicated in this case and no seizure has been made from the exclusive possession of the applicant. He further submits that the applicant is having 04 previous criminal antecedents of similar nature. He also submits that under Sections 34(2) of the Chhattisgarh Excise Act, minimum punishment is one year and maximum punishment is three years and the applicant has been in jail since 21.01.2025 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 State Counsel appearing for the State/non- applicant opposes the bail application and submits that in the present case charge-sheet has been filed before the competent Court. He submits that the present applicant has 04 criminal antecedents of the similar nature, which shows that the present applicant is a habitual offender. As such, he is not entitled for grant of bail. 5. I have heard learned counsel for the parties and perused the case 3 diary. 6. Considering the facts and circumstances of the case also considering the fact that the applicant has 04 criminal antecedents of the similar nature, shows that the present applicant is a habitual offender 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, 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 the applicant – Omprakash Sarthi, involved in Crime No. 21/2025, registered at Police Station Chhal, 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 forthwith. Sd/- (Ramesh Sinha) Chief Justice Abhishek