1 2026:CGHC:23888 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3790 of 2026 Rajesh Kumar Khunte S/o Prabhudayal Aged About 27 Years R/o Village - Hardi, Police Station - Sakti, District - Sakti (C.G.) … Applicant versus State Of Chhattisgarh Through Station House Officer, Police Station - Sakti District - Sakti (C.G.) ... Respondent For Applicant : Shri Chandrikaditya Pandey, Advocate. For Respondent/State : Ms. Sameeksha Gupta, PL. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 15/06/2026 1. Heard on application for permission to withdraw of the change of counsel in MCRC No. 3790 of 2026 alongwith withdraw of vakalatnama/power. 2. On due consideration, same is allowed. 3. This is the first bail application filed under Section 483 of the Bharatiya GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2026.06.16 17:39:02 +0530 2 Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) for grant of regular bail to the applicant who has been arrested in connection with Crime No.132/2026 registered at Police Station Sakti, District - Sakti (C.G.) for the offence punishable under Sections 34(2), 42 of C.G. Excise Act. 4. Case of the prosecution, in brief, is that on receiving secret information that the present applicant was preparing handmade country (Mahua) liquor at Village Hardi, Thakur Dabri, the police conducted a raid and found three co-accused persons at the spot. It is alleged that 50 bulk litres of Mahua liquor and two motorcycles worth Rs. 70,000/- were seized from the co-accused persons. Accordingly, Dehati Nalsi/Zero FIR was recorded and Crime No. 132/2025 was registered under Sections 34(2) and 42 of the Chhattisgarh Excise Act. 5. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in this case. It is contended that no illicit liquor was recovered from the exclusive possession of the applicant and the alleged seizure is doubtful due to procedural irregularities and non-compliance with mandatory provisions of law. He would submit that charge sheet has been filed, the applicant is in jail since 21/03/2026 and conclusion of trial will take some time, therefore, he prays for grant of bail to the applicant. 6. On the other hand, learned State Counsel opposes the bail application and she would submit that charge sheet has been filed before the competent court. She would submit that applicant has three criminal antecedents under the Excise Act, three criminal antecedents under the IPC and two cases are of preventive nature, as such he is a habitual offender and he is not entitled for grant of bail. 3 7. I have heard learned counsel for the parties and perused the case diary. 8. Considering the facts and circumstances of the case, nature of allegation against the applicant, considering the fact that applicant has three criminal antecedents under the Excise Act, three criminal antecedents under the IPC and two cases are of preventive nature, as such he is a habitual offender 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, therefore this Court is of the opinion that this is not a fit case to enlarge the applicant on regular bail. 9. Accordingly, the bail application of applicant Rajesh Kumar Khunte involved in Crime No.132/2026 registered at Police Station Sakti, District - Sakti (C.G.) for the offence punishable under Sections 34(2), 42 of C.G. Excise Act is rejected. 10. Office is directed to send a certified copy of this order to the trial Court concerned for necessary information. Sd/- (Ramesh Sinha) CHIEF JUSTICE gouri