1 CGHC010221892026 2026:CGHC:29017 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5284 of 2026 Sagar Bharti S/o Late Rohit Bharti, Aged About 26 Years, R/o Village Nimora, P.S. Rakhi, District- Raipur (C.G.) ... Applicant versus State of Chhattisgarh Through Station House Officer, Police Station Rakhi, District- Raipur (C.G.) ... Respondent For Applicant : Mr. Rekhraj Baghel, Advocate For State/Respondent : Ms. Nupur Trivedi, Panel Lawyer Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 10.07.2026 1. This is the first bail application filed under Section 483 of the Bhartiya Nagrik Suraksha Sahita, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No. 86/2026 registered at Police Station – Rakhi, District – Raipur (C.G.), for the offence punishable under Section 34(2) of the Chhattisgarh Excise Act, 1915. 2. According to the prosecution story, the police has received information through informant during patrolling that one unknown PREETI KUMARI Digitally signed by PREETI KUMARI Date: 2026.07.12 12:50:26 +0530 2 person has kept illegal liquor in his possession to sale it. Subsequently, the police has seized 6.120 bulk liter country made liquor from the applicant. The applicant did not produce any document of seized liquor and hence, offence was registered against him. 3. Learned counsel for the applicant submits that the applicant has been falsely implicated in the present case. He further submits that police has seized the alleged liquor from open place and not from the possession of the applicant. He further submits that there are 2 previous criminal antecedents under Excise Act, further the charge-sheet has been filed and he is in custody since 05.05.2026. Therefore, it is prayed that applicant may be enlarged on bail. 4. On the other hand, the learned State Counsel opposes the bail application and submits that the charge-sheet has already been filed before the competent Court. She further submits that two cases under the Excise Act are pending against the present applicant, which indicates that he is a habitual offender. Therefore, the present applicant is not entitled to be released on bail. 5. I have heard learned counsel appearing for the parties and perused the case diary. 6. Taking into consideration the facts of the case and further considering the fact that two cases under the Excise Act are pending against the applicant, which indicates that he is a habitual 3 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 cancelled the bail granted to the accused on the ground of previous criminal antecedents, this Court is of the opinion that it is not a fit case to enlarge the applicant on regular bail. 7. Accordingly, the bail application of the applicant – Sagar Bharti, involved in Crime No.86/2026 registered at Police Station – Rakhi, District – Raipur (C.G.), 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 Preeti