Research › Search › Judgment

High Court of Chhattisgarh · body

2026 DAILYLAW 28525 (CHH)

RAMKUMAR BANJARE v. STATE OF CHHATTISGARH

MCRC/6575/2026 · 2026-07-21

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

1 CGHC010272642026 2026:CGHC:31208 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6575 of 2026 Ramkumar Banjare S/o Milan Das Banjare Aged About 40 Years R/o Village Mudhiya P. S. Lalpur, District- Mungeli Chhattisgarh. ... Applicant versus State of Chhattisgarh Through The Station House Officer, P.S. Lalpur, District- Mungeli Chhattisgarh. ... Non-applicant For Applicant : Mr. Chandra Prakash Lahrey, Advocate. For Non-Applicant/State : Ms. Sameeksha Gupta, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 22.07.2026 1. The applicant has preferred this First Bail Application under Section 483 of B.N.S.S. for grant of regular bail, as he has been arrested in connection with Crime No. 58/2026, registered at Police Station - Lalpur, District – Mungeli (C.G) for the offence punishable under Sections 34(2) and 59(A) of the Chhattisgarh Excise Act. 2. As per the prosecution story, in brief, on 12.05.2026, the police of Police Station Lalpur received secret information that the present applicant was in illegal possession of 20.160 bulk litres of country-made liquor and was attempting to sell the same. Acting upon the said information, the police conducted a raid and allegedly recovered and seized 20.160 bulk litres of ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2026.07.23 11:32:11 +0530 2 country-made liquor from the possession of the present applicant. Consequently, the present crime was registered against the applicant, and after his arrest, he was remanded to judicial custody. 3. Learned counsel for the applicant submits that the applicant has been falsely implicated in the present case and that no seizure has been made from his exclusive possession. He further submits that the applicant has only 02 criminal antecedents under the Excise Act. He also submits that under Section 34(2) of the Chhattisgarh Excise Act, the minimum punishment is one year and the maximum punishment is three years. The applicant has been in jail since 12.05.2026, and the conclusion of the trial is likely to take a considerable amount of time. Therefore, he prays for the applicant’s release on regular bail. 4. On the other hand, learned State Counsel appearing for the State/non- applicant opposes the bail application and submits that in the present case charge-sheet has been filed before the competent Court. He submits that the present applicant has 02 criminal antecedents under the Excise Act, which shows that the present applicant is a habitual offender. As such, he is not entitled for grant of bail. 5. I have heard learned counsel for the parties. 6. Considering the facts and circumstances of the case also considering the fact that the applicant has 02 criminal antecedents of the similar nature, shows that the present applicant is a habitual offender and also in light of the judgment rendered by the Hon’ble 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 it is not a fit case to enlarge 3 the applicant on regular bail. Accordingly, the bail application of the applicant – Ramkumar Banjare, involved in Crime No. 58/2026, registered at Police Station - Lalpur, District – Mungeli (C.G) for the offence punishable under Sections 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 send a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Abhishek