1 CGHC010213622026 2026:CGHC:28644 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 4993 of 2026 • Ganeshram Sarthi S/o Shoukilal Sarthi Aged About 35 Years R/o Village Girgira, P.S. Chandrapur, District- Sakti (C.G.) ... Applicant(s) versus • State of Chhattisgarh Through Station House Officer, P.S. Chandrapur, District- Sakti (C.G.) ... Respondent(s) For Applicant(s) : Mr. Tapan Kumar Chandra, Advocate For Respondent(s) : Mr. Jitendra Sharivastava, Government Advocate Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 09/07/2026 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.28/2026 registered at Police Station Chandrapur, District-Sakti (C.G.), for the offence punishable under Section 34(2) of the Chhattisgarh Excise Act. 2. Case of the prosecution, in brief, is that on 20.02.2026, the Police of Police Station-Chandrapur, District-Sakti (C.G.) has received secret VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2026.07.10 18:46:44 +0530 2 information by the informant and conducted a raid in which the applicant was found possessing 07 bulk liters of handmade Mahua liquor and accordingly, the offence punishable under Section 34(2) of the Chhattisgarh Excise Act was registered 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 under Section 34(2) of the Chattisgarh Excise Act, the minimum punishment is one year and maximum punishment is three years. He also submits that the applicant is in jail since 20.02.2026 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 charge-sheet has been filed in the present case before the competent Court. He further submits that the applicant is having two criminal antecedent under the Excise Act, bearing crime No.34 of 2025 and crime No.58 of 2025 registered at Police Station Chandrapur (C.G.) and both are pending for their conclusion, as such, he is a habitual offender and 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 charge-sheet has been filed before the competent Court and in the present case the applicant is having two 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 07 bulk liters of handmade 3 Mahua liquor 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, 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- Ganeshram Sarthi, involved in Crime No.28/2026 registered at Police Station Chandrapur, District-Sakti (C.G.), for the offence punishable under Section 34(2) of the Chhattisgarh Excise Act, for the offence punishable under Section 34(2) of the Chhattisgarh Excise Act, is rejected. 8. Needless to say that the trial Court concerned is at liberty to proceed and conclude the trial expeditiously. 9. Office is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. - Sd/- (Ramesh Sinha) Chief Justice Vaishali