1 2026:CGHC:23490 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 4954 of 2026 Rajendra Kumar Banjare S/o Pardeshi Banjare Aged About 37 Years R/o Village - Tarkidih, Police Station Jarhagaon, District Mungeli (C.G.) ... Applicant versus State of Chhattisgarh Through - Station House Officer, Police Station - Jarhagaon, District Mungeli (C.G.) ... Non-Applicant For Applicant : Mr. Chandra Kumar, Advocate. For Non-Applicant/State : Mr. Anil Pandey, Govt. Advocate. Hon'ble Shri Bibhu Datta Guru , Judge Order on Board 26.05.2026 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. 60/2026, registered at Police Station Jarhagaon, District – Mungeli (C.G) for the offence punishable under Sections 34(2) and 59(A) of the Chhattisgarh Excise Act. 2. As per the prosecution case, on 24.04.2026, during patrolling, the police officials received secret information from an informant. Acting upon the said information, the police officials reached the spot, conducted a raid, and recovered 55 bulk liters of country-made liquor from the illegal possession of the applicant. Thereafter, the applicant was arrested for the offence punishable under Sections 34(2) and 59(A) of the Act. ROHIT KUMAR CHANDRA Digitally signed by ROHIT KUMAR CHANDRA 2 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 five criminal antecedents under the Excise Act, two cases have already been disposed of and in one case the applicant has already been acquitted. Explanations in this regard have also been furnished in paragraph No. 4A of the present bail application. He also submits that, under Section 34(2) of the Chhattisgarh Excise Act, the minimum punishment prescribed is one year and the maximum punishment is three years. The applicant has been in jail since 24.04.2026, 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, the charge-sheet has already been filed before the competent Court. He further submits that, considering the criminal antecedents of the present applicant, as mentioned in Paragraph No. 4A of the present bail application, the applicant has five criminal antecedents under the Excise Act. Out of these, two cases have already been disposed of and in one case the applicant has already been acquitted, however, two cases are still pending against him, which shows that the applicant is a habitual offender. As such, he is not entitled to the 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 and also considering the fact that two criminal antecedents of a similar nature are pending against the applicant, which 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 & 3 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 – Rajendra Kumar Banjare, involved in Crime No. 60/2026, registered at Police Station Jarhagaon, District – Mungeli (C.G) for the offence punishable under Sections 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. Office is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Bibhu Datta Guru) Judge Chandra