1 CGHC010266662026 2026:CGHC:31732 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6668 of 2026 Sumit Kumar Bharti Son Of Late Lukesh Kumar Bharti, Aged About 19 Years Resident Of Village Peeparchedi, (Gaagra) Police Station Arjuni, Tahsil And District Dhamtari (C.G.) ...Applicant versus State Of Chhattisgarh Through Officer Of The Excise Circle, Dhamtari Rural, District Dhamtari (C.G.) ... Respondent For Applicant : Ms. Lata Nayak, Advocate. For Non-Applicant/State : Ms. Smriti Shrivastava, Panel Lawyer. Hon’ble Shri Justice Ravindra Kumar Agrawal, J. Order on Board 24.07.2026 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. 25/2026, registered at Police Station - Excise Circle, Dhamtari Rural, District - Dhamtari (C.G) for the offence punishable under Sections 34(2) and 59(A) of the C.G. Excise Act. 2. Case of the prosecution in brief, is that, on 27-06-2026, the Excise Sub-Inspector, Excise Circle Dhamtari (Rural), received secrete information from an informer that applicant had illegally stored a large VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2026.07.25 13:03:50 +0530 2 quantity of liquor in his house. After informing the suspect about the secret information and conducting a lawful search of the premises, the officers receive 52 plastic bottles. Each containing 180 ml of country made liqor, kept in three black colored bag inside the house. The total quantity recovered was 9.360 liters of country made liquor. The Police of Excise Circle, Dhamtari (Rural), District Dhamtari have registered the case for an offence punishable under Section 34 (2) & 59 (A) of C.G. Excise Act, against the applicant. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case and has not acted in the manner alleged by the prosecution. It is further submitted that the seizure memo has been falsely prepared by the officials of the Excise Circle, Dhamtari (Rural), District Dhamtari, with a view to falsely implicate the applicant. The applicant has remained in judicial custody since 27.06.2026, therefore, she prayed that the applicant be enlarged on regular bail. 4. On the other hand, learned State Counsel appearing for the State/non-applicant opposed the bail application and submitted that, although the investigation has been completed and the charge-sheet has been filed, the applicant is not entitled to the benefit of bail in view of his criminal antecedent. It is submitted that one criminal case of a similar nature is pending against the applicant, namely Crime No. 272/2025, registered at Police Station Kurud, for the offence punishable under Section 34(2) of the Chhattisgarh Excise Act. Learned State Counsel contended that the pendency of the said case reflects the applicant's propensity to indulge in similar criminal 3 activities and prima facie indicates that he is a habitual offender. It is further submitted that, if released on bail, there is every likelihood that the applicant may indulge in similar offences or misuse the liberty granted to him. Therefore, learned State Counsel prayed that the present bail application be rejected. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the facts and circumstances of the case, and also taking into account the fact that one case is pending against the applicant, which clearly indicates that the applicant is a habitual offender, and further, in light of the judgment rendered by the Hon’ble Supreme Court in Deepak Yadav v. State of Uttar Pradesh & Another, (2022) 8 SCC 559, wherein the Hon’ble Supreme Court cancelled the bail granted to the accused on the ground of having previous criminal antecedents, this Court is of the considered opinion that the present case does not warrant the grant of regular bail to the applicant. 7. 7. Accordingly, the bail application of the applicant – Sumit Kumar Bharti, involved in Crime No. 25/2026, registered at Police Station - Excise Circle, Dhamtari Rural, District - Dhamtari (C.G) for the offence punishable under Sections 34(2) and 59(A) of the C.G. Excise Act, is rejected. Sd/- (RavindraKumar Agrawal) Judge vaibhav