1 2026:CGHC:20678 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 4076 of 2026 Milesh Yadav S/o Punit Yadav Aged About 45 Years R/o Village- Albaras, Police Station Anda, District : Durg, Chhattisgarh ... Applicant versus State of Chhattisgarh Through-Police Station Anda, District : Durg, Chhattisgarh ... Non-Applicant For Applicant : Mr. Tarun Dansena, Advocate. For Non-Applicant/State : Ms. Monika Thakur, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 04.05.2026 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. 22/2026, registered at Police Station Anda, District – Durg (C.G) for the offence punishable under Section 34(2) of the Chhattisgarh Excise Act. 2. As per the brief facts of the prosecution case, on 01.03.2026, acting on secret information received by the concerned police, it was alleged that the applicant was in possession of 05.760 bulk litres of country-made liquor for the purpose of sale. Pursuant thereto, a raid was conducted, during which the said liquor was seized from the possession of the ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2026.05.05 14:47:19 +0530 2 applicant. In this regard, Crime No. 22/2026 has been registered against the present applicant at Police Station Anda. 3. Learned counsel for the applicant submits that the applicant has been falsely implicated in the present case and that no seizure has been made from his exclusive possession. He further submits that although the applicant has three criminal antecedents, two cases are pending under the Excise Act, and one case was registered under the IPC, in which the applicant has already been acquitted on the basis of compromise. He also submits that under Section 34(2) of the Chhattisgarh Excise Act, the minimum punishment is one year and the maximum punishment is three years. The applicant has been in jail since 01.03.2026, and the conclusion of the trial is likely to take a considerable amount of time. Therefore, he prays for the applicant’s release 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 02 criminal antecedents under the Excise Act, 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 diary. 6. Considering the facts and circumstances of the case also considering the fact that the applicant has 02 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 3 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 – Milesh Yadav, involved in Crime No. 22/2026, registered at Police Station Anda, District – Durg (C.G) for the offence punishable under Section 34(2) 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. Office 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