1 CGHC010265202026 2026:CGHC:29944 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6294 of 2026 Rajesh Kumar Dhuri S/o Late Babulal Aged About 52 Years Caste Dhuri, R/o Village Barela, Police Station And Tahsil Jarhagaon, District Mungeli (C.G.) Mobile 8109939479 ... Applicant(s) versus State Of Chhattisgarh Through Station House Officer (S.H.O) P.S.- Jarhagaon, Dist.- Mungeli (C.G.) ... Respondent(s) For Applicant(s) : Mr. Yogendra Chaturvedi, Advocate. For Respondent(s) : Ms. Monika Thakur, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 15/07/2026 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. 72/2026 registered at Police Station AKHILESH KUMAR DEWANGAN Digitally signed by AKHILESH KUMAR DEWANGAN 2 Jarhagaon, Dist.- Mungeli (C.G.), for the offence punishable under Sections 34(2) and 59A of the Chhattisgarh Excise Act. 2. Case of the prosecution, in brief, is that on 15.05.2026, while the police party was on patrol and conducting action under the Chhattisgarh Excise Act, they received secret information that two persons were transporting a large quantity of illicit liquor on a motorcycle for the purpose of illegal sale. Acting on the information, the police intercepted a Bajaj Platina motorcycle bearing Registration No. CG-10-EA-7406 near Pathariya Mod, Batha Canal Road, Jarhagaon. Upon search, 18 quarter bottles (180 ml each) of Goa Special English liquor and 22 quarter bottles (180 ml each) of Desi Plain liquor, totalling 7.200 bulk litres valued at Rs.3,920/-, were recovered from the possession of the present applicant, Rajesh @ Ghogharo Dhuri, while the motorcycle used in the commission of the offence was seized from the co-accused Manoj Kumar Shrivas. As the accused failed to produce any valid licence or document authorising possession or transportation of the seized liquor, an FIR was registered against them for the offences punishable under Sections 34(2) and 59(a) of the Chhattisgarh Excise Act, and the investigation was taken up. Hence, the bail application. 3. Learned counsel for the applicant submits that the applicant is innocent and the alleged seizure of liquor has not been made from the exclusive possession of applicant. He further submits that 3 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 15.05.2026, so far as the criminal antecedents of the applicant are concerned, the applicant has total seven criminal antecedents under the Excise Act, out of which, in four cases, the applicant has already been acquitted of the charges and rest of the three cases, which are of the year 2024, 2025 and 2026 are pending, further 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. She further submits that the applicant has seven criminal antecedent under the Excise Act, out of which, three cases, which are of the year 2024, 2025 and 2026 are still pending, as such, the applicant 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 in the present case and the applicant is having seven criminal antecedents under the Excise Act, out of which, three cases, which are of the year 2024, 2025 and 2026 are still pending against the applicant, which shows that the applicant is a habitual 4 offender and has misused the bail granted to him earlier, 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. 7. Accordingly, the bail application of the applicant-Rajesh Kumar Dhuri, involved in Crime No. 72/2026 registered at Police Station Jarhagaon, Dist.- Mungeli (C.G.), for the offence punishable under Sections 34(2) and 59A 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. - Sd/- (Ramesh Sinha) Chief Justice Akhil