1 CGHC010281222026 2026:CGHC:31480 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6594 of 2026 Murlidhar S/o Chamar Singh Aged About 30 Years R/o Village- Raikera, Police Station- Gharghoda, And District- Raigarh, C.G. ... Applicant(s) versus State Of Chhattisgarh Through - District Magistrate Raigarh And District- Raigarh, C.G. ... Respondent(s) For Applicant(s) : Mr. Abhishek Saraf, Advocate. For Respondent(s) : Mr. Sourabh Sahu, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 23.07.2026 1. This is the second bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No. 179/2026 registered at Police Station Gharghoda, District - Raigarh (C.G.) for the offence punishable under Sections 34(2) AKHILESH KUMAR DEWANGAN Digitally signed by AKHILESH KUMAR DEWANGAN 2 and 59(A) of C.G. Excise Act. 2. Case of the prosecution, in brief, is that as per secret information received form the informant, the Police of concerned Police Station seized 11.660 liters of country made foreign liquor from the possession of the applicant, which led to the registration of alleged offence against the applicant and subsequently, the applicant was arrested. Hence, the bail application. 3. Learned counsel for the applicant submits that the first bail application of the applicant was dismissed in default vide order dated 14.07.2026 passed in MCRC No.6228 of 2026, therefore the applicant has preferred present second bail application on the ground that the applicant has been falsely implicated in this case and 11.660 bulk liters of country made liquor was not seized from the exclusive possession of the applicant. He further submits that under Section 34(2) of the C.G. Excise Act, minimum punishment is one year and maximum punishment is three years. He also submits that the applicant has four criminal antecedents, out of which, two cases have already been disposed of and two cases, which are of the year 2023 and 2026 under the Excise Act, are pending, further the applicant is in jail since 23.05.2026 and the conclusion of the trial is likely to take quite long time. Therefore, he prays for grant of regular bail to the applicant. 4. Learned counsel for the State/non-applicant would oppose the bail application and submit that the charge-sheet has been filed in the 3 present case. He further submits that 11.660 bulk liters of the country made liquor was recovered from the possession of the applicant, so far as the criminal antecedents of the applicant are concerned, the applicant has two criminal antecedents under the Excise Act of the year 2023 and 2026, therefore the applicant is not entitled for grant of bail. 5. I have heard learned counsel for the parties and perused the case diary. 6. From perusal of the records, it transpires that this is the second bail application of the applicant and first bail application of the applicant was dismissed in default by this Court vide order dated 14.07.2026 passed in MCRC No. 6228 of 2026, the applicant is having two criminal antecedents under the Excise Act of the year 2023 and 2026, which shows that the applicant is a habitual 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. Accordingly, the second bail application of the applicant- Murlidhar, involved in Crime No. 179/2026 registered at Police Station Gharghoda, District - Raigarh (C.G.) for the offence 4 punishable under Sections 34(2) and 59(A) of C.G. Excise Act, is rejected at this stage. 8. Needless to say that the trial Court concerned is at liberty to proceed and conclude the trial expeditiously. 9. Office is directed to provide a certified copy of this order to the trial Court concerned for necessary information and compliance. - S Sd/- (Ramesh Sinha) CHIEF JUSTICE Akhil