1 2026:CGHC:21165 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 4082 of 2026 Manharan Rajput S/o Ramkumar Rajput Aged About 35 Years R/o Village- Jhaphal, P.S. And Tehsil- Lormi, Distt.- Mungeli (C.G.) ... Applicant(s) versus State Of Chhattisgarh Through Police Of P.S.- Lormi, Distt.- Mungeli (C.G.) ---- Non-Applicant(s) For Applicant : Mr. Pallav Mishra, Advocate. For Non-Applicant : Ms. Sameeksha Gupta, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 06/05/2026 1. This is the first bail application filed under Section 483 of the Bhartiya Nagrik Suraksha Sanhita, 2023, for grant of regular bail to the applicant who has been arrested in connection with Crime No. 116/2026 registered at Police Station- Lormi, District Mungeli (C.G.), for the offence punishable under Section 34(2) of the Chhattisgarh Excise Act. 2. Case of the prosecution, in brief, is that as per secret information received from the informant that the present applicant has kept KUNAL DEWANGAN Digitally signed by KUNAL DEWANGAN 2 liquor for selling purposes, on the basis of such information, the concerned police conducted raid and have seized 5.400 liters of country made liquor from the possession of the applicant and thereafter, the aforesaid offence was registered against him. 3. Learned counsel for the applicant submits that the applicant has been falsely implicated 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 and in the present case, charge-sheet has been filed before the competent Court and the applicant has four criminal antecedents under the Excise Act, out of which two cases have been disposed of and two cases are still pending as the same explained in the bail application of para No.4(A). He also submits that the applicant is in jail since 21.03.2026 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 opposes the bail application and submit that the charge-sheet has been filed in the present case before the competent Court and the applicant has four criminal antecedents under the Excise Act, out of which two cases have been disposed of and two cases are still pending as the same explained in the bail application of para No.4(A) and he 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, nature and 3 gravity of offence levelled against the applicant and further the fact that the applicant has four criminal antecedents under the Excise Act, out of which two cases have been disposed of and two cases are still pending as the same explained in the bail application of para No.4(A) and he is a habitual offender, further he has misused the bail granted to him earlier and that the quantity of liquor seized i.e. 5.400 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-Manharan Rajput, filed under Section 483 of the BNSS, involved in Crime No. 116/2026 registered at Police Station- Lormi, District Mungeli (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. 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 Kunal