1 2026:CGHC:25386 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5421 of 2026 Anil Kujur S/o Lakhan Ram Kujur Aged About 36 Years R/o Village Teena Dafai Charcha, Police Station And Tahsil Baikunthpur, District Koriya (C.G.) ... Applicant(s) versus State Of Chhattisgarh Through Excise Circle, Baikunthpur, District Koriya (C.G.) ... Non-applicant(s) For Applicant : Mr. Anil Kumar Gulati, Advocate. For Non-applicant/State : Mr. Shubham Bajpai, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 22.06.2026 1. The applicant has preferred this First Bail Application under Section 483 of Bhartiya Nagrik Suraksha Sanhita, 2023 for grant of regular bail, as he has been arrested in connection with Crime No.186/2026, registered at Police Station Excise Circle, Baikunthpur District- Koriya (C.G.) for the offence punishable under Sections 34(1), 34(2) and 59(A)of the Chhattisgarh Excise Act. 2. The prosecution story in brief, is that on 19.03.2026, secret information was received by the concerned officer of the Excise KUNAL DEWANGAN Digitally signed by KUNAL DEWANGAN 2 Circle. Pursuant to the said information, a raid was conducted and 10 bulk litres of country-made Mahua liquor was allegedly seized from the possession of the present applicant along with another co- accused person. Thereafter, the applicant was arrested in connection with the alleged offence. 3. Learned counsel for the applicant submits that the applicant has been falsely implicated in the present case and has not committed any offence in the manner alleged by the prosecution. It is further submitted that the offence under Section 34(2) of the Chhattisgarh Excise Act is punishable with a minimum sentence of one year and a maximum sentence of three years. So far as the criminal antecedents of the applicant are concerned, it is submitted that the applicant has three criminal antecedents of similar nature, out of which he has been acquitted in one case, whereas the remaining two cases are still pending consideration. The said antecedents have duly been explained in Part-D of the bail application. It is also submitted that the applicant is in judicial custody since 19.03.2026 and the conclusion of the trial is likely to take considerable time. Therefore, learned counsel prays for grant of regular bail to the applicant. 4. On the other hand, learned Panel Lawyer for the State opposes the prayer for grant of bail and submits that during the raid, a total of 10 bulk litres of country-made Mahua liquor was seized from the possession of the present applicant along with the co-accused person. It is further submitted that, so far as the criminal antecedents of the applicant are concerned, learned counsel for the applicant has 3 disclosed and explained only three criminal cases of similar nature in Part-D of the bail application, out of which the applicant has been acquitted in one case and two cases are still pending consideration. However, apart from the said cases, the applicant is also involved in four other cases registered under the provisions of the Chhattisgarh Excise Act, Crime No. 114/2021 registered under Section 34(F)(1), Crime No. 143/2021 registered under Section 36(C), Crime No. 63/2025 registered under Section 34(1)(A) and Crime No. 14/2021 registered under Section 34(1)(A). Thus, it is submitted that the applicant is a habitual offender and, therefore, considering his criminal antecedents, he is not entitled to be enlarged on bail. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the overall facts and circumstances of the case, nature and gravity of the allegations levelled against the applicant, the quantity of 10 bulk litres of country-made Mahua liquor seized from the possession of the present applicant along with the co-accused person and more particularly, the criminal antecedents of the applicant, this Court finds that though learned counsel for the applicant has explained only three criminal antecedents of similar nature in Part-D of the bail application, out of which the applicant has been acquitted in one case and two cases are still pending consideration, however, apart from the aforesaid cases, the applicant is also involved in four other criminal cases registered under the provisions of the Chhattisgarh Excise Act, bearing Crime No.114/2021 registered for the offence punishable under Section 4 34(F)(1) of the Chhattisgarh Excise Act, Crime No.143/2021 registered for the offence punishable under Section 36(C) of the Chhattisgarh Excise Act, Crime No.63/2025 registered for the offence punishable under Section 34(1)(A) of the Chhattisgarh Excise Act and Crime No.14/2021 registered for the offence punishable under Section 34(1)(A) of the Chhattisgarh Excise Act. Thus, prima facie, the applicant appears to be a habitual offender, further he has misused the bail granted to him earlier, and also in light of the judgment rendered by the Hon’ble Court in Deepak Yadav Vs. 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, 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 applicant – Anil Kujur, involved in Crime No.186/2026, registered at Police Station Excise Circle, Baikunthpur District-Koriya (C.G.) for the offence punishable under Sections 34(1), 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 provide a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Kunal