1 CGHC010217792026 2026:CGHC:29103 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5127 of 2026 Rani Verma W/o Late Deepak Verma Aged About 34 Years R/o Ward No. 09, Verma Mohalla, Chakarbhatha, PS Chakarbhatha, District Bilaspur C.G. ... Applicant versus The State Of Chhattisgarh Through SHO PS Chakarbhatha, District Bilaspur C.G. ... Respondent For Applicant : Ms. Shital Soni, Advocate. For Respondent/State : Shri Shailendra Sharma, PL. 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 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.221/2026 registered at GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2026.07.13 11:32:54 +0530 2 Police Station Chakarbhatha, District Bilaspur (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 the basis of secret information received through informant, the PS Chakarbhatha, has alleged recovered 135 liters of Mahua Liquor valued Rs. 27,000/- and 2 Nos. Aluminum-Tin, a Cylinder and a Stove from the possession of the applicant. Accordingly the offence under Section 34(2) of Excise Act have been registered and the applicant has been arrested. 3. Learned counsel for the applicant submits that the applicant has been falsely implicated in this case and the mandatory provisions with regard to search and seizure have not been followed by the Police in this case. She also submits that under Section 34(2) of the Chattisgarh Excise Act, the minimum punishment is one year and maximum punishment is three years. She also submits that the applicant is in jail since 16/04/2026 and the conclusion of the trial is likely to take quite long time. Therefore, she 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 3 Court. He further submits that 135 bulk liters of Mahua Liquor was recovered from the possession of the applicant, the applicant is having 02 criminal antecedents under the Excise Act, as such, she 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 facts & circumstances of the case, submission of learned counsel for the parties, materials available on record, nature of allegation against the applicant, and in the present case the applicant is having 02 criminal antecedents under the Excise Act, as such, she is a habitual offender, further she has misused the bail granted to her earlier and that the quantity of liquor seized is 135 bulk liters of 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, therefore this Court is of the opinion that this is not a fit case to enlarge the applicant on regular bail. 4 7. Accordingly, the bail application of the applicant-Rani Verma, involved in Crime No.221/2026 registered at Police Station Chakarbhatha, District Bilaspur (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 gouri