1 2026:CGHC:22891 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 4520 of 2026 Tiku Nishad S/o Shri Sukhdev Nishad Aged About 30 Years R/o Village Joratarai, Police Station Somani, Tahsil And District- Rajnandgaon (C.G.) ... Applicant(s) versus State Of Chhattisgarh Through- Station House Officer, Police Station Somani District Rajnandgaon (C.G.) ... Respondent(s) For Applicant(s) : Mr. Aditya Bhardwaj, Advocate. For Respondent(s) : Ms. Palak Dwivedi, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 14.05.2026 1. This is the second bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No. 272/2025 registered at Police Station Somani District Rajnandgaon (C.G.) for the offence punishable under Section 2 34(2) of C.G. Excise Act. 2. Case of the prosecution, in brief, is on 07.12.2025, acting on the basis of information received from an informant, the police conducted a lawful search of the courtyard of the accused’s house and recovered from his possession one white plastic sack containing 21 quarters of “Shole” country liquor, each sealed bottle containing 180 ml, totaling 3.780 litres, and 09 quarters of “Jammu Special Whisky” English liquor, each sealed bottle containing 180 ml, totaling 1.620 litres, aggregating to 5.400 litres of liquor valued at Rs. 2,760/-. An amount of Rs. 700/- alleged to be proceeds from sale of liquor was also seized. After completion of investigation, charge-sheet has been filed before the learned trial Court where the matter is pending consideration. Hence, the bail application. 3. Learned counsel for the applicant submits that the first bail application was rejected by this Court on merits vide order dated 04.02.2026, therefore this second bail application is filed on the ground that out of 8 criminal antecedents under the Excise Act, in 4 cases applicant has already been acquitted, further charge- sheet has already been filed in the present case, the applicant is in jail since 07.12.2025 and the conclusion of trial is likely to take some time, therefore, he prays for releasing the applicant on regular bail. 4. On the other hand, learned State counsel opposes the bail 3 application and submits that from the house of the applicant 21 quarters of country liquor and 09 quarters of English liquor, totaling 5.400 litres, along with Rs. 700/- alleged to be sale proceeds of illicit liquor was seized, so far as criminal antecedents of the applicant are concerned, the applicant has 8 criminal antecedent under the Excise Act, as such, he is a habitual offender and his bail application is liable to be rejected. 5. I have heard learned counsel for the parties and perused the case diary. 6. From perusal of the records, it transpires that this is the second bail application of the applicant and first bail application of the applicant was rejected by this Court vide order dated 04.02.2026 in MCRC No. 1212 of 2026 on the ground that the applicant is having 8 criminal antecedents under the Excise Act, which itself shows that he is a habitual offender, the new ground raised by the applicant that out of 8 criminal antecedents, in 4 cases, he has already been acquitted, but considering the fact that 4 cases under the Excise Act are still pending, as such, appears to be no good ground to entertain the present second bail application of the applicant. 7. Accordingly, the second bail application of the applicant- Tiku Nishad, involved in Crime No. 272/2025 registered at Police Station Somani District Rajnandgaon (C.G.) for the offence punishable under Section 34(2) of C.G. Excise Act, is rejected at 4 this stage. 8. Needless to say that the trial Court concerned is at liberty to proceed and concluded the trial expeditiously. 9. Office is directed to provide a certified copy of this order to the trial Court concerned for necessary information and compliance. Sd/- Sd/- (Ramesh Sinha) CHIEF JUSTICE Akhil