1 CGHC010295402026 2026:CGHC:37880 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7058 of 2026 Deepak Banjare S/o Sammat Lal Banjare Aged About 22 Years R/o Village Sinodha, P.S. Hathbandh District Baloda Bazar Bhatapara (C.G.) ... Applicant versus State of Chhattisgarh Through Police Station Suhela District Baloda Bazar Bhatapara (C.G.) ... Non-Applicant For Applicant : Mr. Vijay Shankar Mishra, Advocate. For Non-Applicant/State : Mr. Sourabh Sahu, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 24.08.2026 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. 108/2026, registered at Police Station - Suhela, District – Baloda Bazar – Bhatapara (C.G) for the o<ence punishable under Section 34(2) of the Chhattisgarh Excise Act. 2. As per the prosecution story, the police sta< received secret information that two persons were carrying illegal liquor for sale near Roshni Dhaba, Suhela, on a motorcycle bearing registration No. CG-22-AE-6129. Upon stopping the said motorcycle, the person sitting on the rear side disclosed his name as Deepak Banjare. On conducting a search, the ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2026.08.25 11:04:22 +0530 2 police seized a total quantity of 42.300 bulk litres of country-made liquor from the possession of the accused person. After due investigation, the police Bled the charge-sheet and registered the o<ence punishable under Section 34(2) of the Excise Act. 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 no criminal antecedents. 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 18.06.2026, 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 Bled before the competent Court. He submits that the present applicant has 03 criminal antecedents under the Excise Act, which shows that the present applicant is a habitual o<ender. As such, he is not entitled for grant of bail. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the facts and circumstances of the case also considering the fact that the applicant has 03 criminal antecedents of the similar nature, shows that the present applicant is a habitual o<ender 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 3 antecedents, this Court is of the opinion that it is not a Bt case to enlarge the applicant on regular bail. Accordingly, the bail application of the applicant – Deepak Banjare, involved in Crime No. 108/2026, registered at Police Station - Suhela, District – Baloda Bazar – Bhatapara (C.G) for the o<ence punishable under Section 34(2) 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. OEce is directed to send a certiBed copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Abhishek