1 2026:CGHC:24111 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3453 of 2026 • Shankar Rohidas S/o Late Jugru Rohidas Aged About 63 Years R/o Siladehi, Ward No. 6, Police Station - Birra, District : Janjgir- Champa, Chhattisgarh ... Applicant(s) versus • State of Chhattisgarh Through District Magistrate District - Janjgir Champa , Chhattisgarh. ( Also Mentioned In The Impugned Order As State of Chhattisgarh, Through Excise Circle, Champa, District - Janjgir Champa, Chhattisgarh. ) ... Respondent(s) (Cause title is taken from Case Information System) For Applicant(s) : Ms. Aayushi Yadav, Advocate For Respondent(s) : Ms. Ankita Shukla, Panel Lawyer Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 16/06/2026 1. This is the first bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) for grant of regular bail to the applicant who has been arrested in connection with Crime No.295/2026 registered at Police Station – Excise Circle - Champa, District - Janjgir-Champa (C.G.), for the offence punishable under Section 34(2) of the Chhattisgarh Excise Act. VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2026.06.18 17:38:15 +0530 2 2. Case of the prosecution, in brief, is that the Police of Police Station, Champa, District - Janjgir-Champa (C.G.) has received secret information by the informant and conduct a raid and seized 09 bulk liters mahua liquor from the illegal possession of the applicant and thereafter, the Police has registered a case for the offence punishable under Section 34(2) of the Chhattisgarh Excise Act against the applicant. 3. Learned counsel for the applicant submits that the applicant has been falsely implicated in this case. The mandatory provisions with regard to search and seizure have not been followed by the Police 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 the applicant is in jail since 22.03.2026 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 would oppose the bail application and submit that the applicant is having 02 criminal antecedent under the Excise Act 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 fact that the present applicant has 02 criminal antecedent under the Excise Act and he is a habitual offender, further he has misused the bail granted to him earlier, and that the quantity of liquor seized is 9 bulk liters mahua liquor and also in light of the judgment rendered by the Hon’ble Supreme Court in Deepak Yadav v. State of Uttar Pradesh & Another, reported in (2022) 8 SCC 559, wherein the Hon’ble Supreme Court had 3 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. 7. Accordingly, the bail application of the applicant- Shankar Rohidas, filed under Section 439 of the Cr.P.C., involved in Crime No. 295/2026 registered at Police Station – Excise Circle - Champa, District - Janjgir-Champa (C.G.), for the offence punishable under Section 34(2) of the Chhattisgarh Excise Act, is rejected. 8. Office is directed to send a certified copy of this order to the trial Court concerned for necessary information. - Sd/- (Ramesh Sinha) Chief Justice Vaishali