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2026 DAILYLAW 17501 (CHH)

SHAILENDRA MASIH v. STATE OF CHHATTISGARH

MCRC/1617/2026 · 2026-02-18

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Judgment text

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1 2026:CGHC:8804 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 1617 of 2026 Shailendra Masih S/o Shri Surendra Kumar Masih Aged About 25 Years R/o Suryanagar, Gogaon, P S Gudhiyari, Tahsil And District Raipur, Chhattisgarh. ... Applicant versus State of Chhattisgarh Through Police Station Gudhiyari, District Raipur, Chhattisgarh. ... Non-applicant For Applicant : Mr. Pushpendra Kumar Patel, Advocate For Non-Applicant/State : Mr. Shailendra Sharma, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 19.02.2026 1. This is the second bail application filed under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No. 339/2025 registered at Police Station Gudhiyari, District Raipur, (C.G.), for the offence punishable under Section 34(2) of the Chhattisgarh Excise Act. 2. The earlier bail application of the applicant has been rejected by this Court vide order dated 09.10.2025 passed in MCRC No. 7952 of RAHUL DEWANGAN Digitally signed by RAHUL DEWANGAN 2 2025 on merit. 3. The prosecution story in brief is that the police received secret information from an informant that on the date of the incident an unknown person was in illegal possession of country-made liquor for the purpose of sale. Acting upon the said information, the police conducted checking and patrolling at the place of occurrence and seized 6.840 bulk litres of country-made liquor from an open place. The applicant failed to produce any valid document or licence in respect of the seized liquor, and accordingly the police registered a case against the applicant for the offence punishable under Section 34(2) of the Chhattisgarh Excise Act. 4. Learned counsel for the applicant submits that, the first bail application of the applicant was rejected by this Court on the ground that the applicant has 02 criminal antecedents under the Excise Act. He further submits that the prosecution witnesses have been examined and have not supported the case. He also submits that the applicant is in jail since 22.07.2025, conclusion of the trial may take some time, therefore, he prays for grant of regular bail to the present applicant. 5. On the other hand, learned State counsel opposes the second bail application of the present applicant. 6. I have heard learned counsel appearing for the parties and perused the case diary. 7. From perusal of the pleadings, it appears that no new ground has been raised in the second bail application. Thus, I do not find any 3 good ground for grant of bail, hence, this second bail application of the present applicant is rejected. 8. Accordingly, the second bail application of the applicant - Shailendra Masih, involved in Crime No. 339/2025 registered at Police Station Gudhiyari, District Raipur, (C.G.), for the offence punishable under Section 34(2) of the Chhattisgarh Excise Act, is rejected. 9. Needless to say that the trial Court concerned is at liberty to proceed and conclude the trial expeditiously. 10. 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 Rahul Dewangan