1 2026:CGHC:6287 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 1179 of 2026 Sukhchand Dahariya S/o Shri Dukalha Dahariya Aged About 46 Years R/o Village Khapari (Belpan) Manikchouri, District Bilaspur (C.G.) ... Applicant versus State of Chhattisgarh Through - P.S. Pachpedi, Bilaspur, District - Bilaspur (C.G.) ... Non-Applicant For Applicant : Mr. Amandeep Sande, Advocate. For Non-Applicant/State : Ms. Smriti Shrivastava, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 04.02.2026 1. This is the second bail application filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No. 256/2025 registered at Police Station - Pachpedi, Bilaspur, District - Bilaspur (C.G.) for the offence punishable under Section 34(2) of the Chhattisgarh Excise Act. 2. As per the prosecution story, it is alleged that the police received information from a mukhabir that on 11.09.2025, the applicant was in possession of 31 litres of handmade Mahua liquor. The liquor was allegedly kept in plastic pouches, with each pouch containing 500 grams of Mahua liquor. In total, 62 plastic pouches were recovered, amounting to PREETI KUMARI Digitally signed by PREETI KUMARI Date: 2026.02.05 12:13:44 +0530 2 31 litres of Mahua liquor. 3. Learned counsel for the applicant submits that the applicant has been falsely implicated in the present case. He further submits that the first bail application which was rejected by this Court vide order dated 04.11.2025 passed in MCRC No.8450/2025 on the ground that the applicant is having 04 previous criminal antecedents under the Excise Act. He further submits that the charge-sheet has been submitted and he is in jail since 11.09.2025. Therefore, he prays that the applicant to be enlarged on bail. 4. On the other hand, the learned counsel for the State opposes the bail application and submits that the first bail application was rejected on the ground that the applicant has four previous criminal antecedents under the Excise Act which shows that he is a habitual offender. Hence, his bail application is liable to be dismissed. 5. I have heard learned counsel for the parties and perused the material available on record. 6. Taking into consideration the fact and circumstances of the case and the fact that the first bail application of the applicant was rejected by this Court vide order dated 11.09.2025 passed in MCRC No. 8450/2025 on the ground that the applicant is having four previous criminal antecedents under the Excise Act, which shows that the he is a habitual offender, and it cannot be said to be a case of false implication and no new ground has been raised by the applicant, 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 3 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 the applicant on regular bail accordingly, the bail application of applicant – Sukhchand Dahariya involved in Crime No. 256/2025 registered at Police Station - Pachpedi, Bilaspur, District - Bilaspur (C.G.) for the offence punishable under Section 34(2) of the Chhattisgarh Excise Act, rejected at this stage. 7. Needless to say that the trial Court is at liberty to proceed to with the trial and conclude the same, expeditiously. 8. The Office is directed to provide a certified copy of this order to the trial Court for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Preeti