1 CGHC010283132026 2026:CGHC:38573 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7024 of 2026 Ramesh @ Rameshwar Banjare S/o Late Shri Agam Das Banjare Aged About 48 Years R/o Village - Deori, P.O.- Pandhi, P.S.- Seepat, District- Bilaspur (C.G.) ... Applicant(s) versus State Of Chhattisgarh Through - Excise Circle, Seepat, District- Bilaspur (C.G.) ... Non-applicant(s) For Applicant : Mr. Achyut Tiwari, Advocate. For Non-applicant/State : Ms. Smriti Shrivastava, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 01.09.2026 1. The applicant has preferred this First Bail Application under Section 483 of Bhartiya Nagrik Suraksha Sanhita, 2023 for grant of regular bail, as he has been arrested in connection with Crime No.391/2026, registered at Police Station Excise Circle, Seepat District-Bilaspur (C.G.) for the offence punishable under Sections 34(2) and 59(A)of the Chhattisgarh Excise Act. 2. The prosecution story in brief, is that, on 03.07.2026, the Police of KUNAL DEWANGAN Digitally signed by KUNAL DEWANGAN 2 Police Station Excise Circle, Seepat District- Bilaspur have received a secret information from the informant, on the basis of said information the concerned Police conducted raid and have seized 16.20 liters of country made liquor from the possession of the present applicant. Thereafter, the crime has been registered for an offence punishable under Sections 34(2) and 59(A) of the Chhattisgarh Excise Act. 3. Learned counsel for the applicant submits that the applicant has been falsely implicated in this case and the alleged liquor has not been recovered from the conscious possession of the applicant. He also submits that the under Section 34(2) of the Chattisgarh Excise Act, minimum punishment is one year and maximum punishment is three years and so far as the criminal antecedents of the applicant are concerned, the applicant has total 09 criminal antecedents of similar nature out of which 07 cases have been disposed of and two cases of the Excise Act are still pending and he is in jail since 03.07.2026 and the conclusion of the trial is likely to take quite long time. Therefore, he prays for releasing the applicant on regular bail. 4. On the other hand, learned counsel for the State opposes the bail application and submits that in the present case, charge-sheet has been filed before the competent Court and the quantity of liquor seized from the possession of the applicant i.e. 16.20 liters of country made liquor. She further submits that two cases under the Excise Act are still pending and as such he is a habitual offender. Hence, he is not entitled for grant of bail. 3 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the fact and circumstances of the case, nature and gravity of offence levelled against the applicant and the fact that in the present case charge-sheet has been filed before the competent Court and the quantity of liquor seized from the possession of the applicant i.e. 16.20 liters of country made liquor, so far as the criminal antecedents of the applicant are concerned, the applicant has total 09 criminal antecedents of similar nature out of which 07 cases have been disposed of and two cases of the Excise Act are still pending, it appears that the present applicant is a habitual offender, further he has misused the bail granted to him earlier, and also in light of the judgment rendered by the Hon’ble Court in Deepak Yadav Vs. 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 the applicant on regular bail. Accordingly, the bail application of applicant – Ramesh @ Rameshwar Banjare, involved in Crime No.391/2026, registered at Police Station Excise Circle, Seepat District-Bilaspur (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. 4 8. Office is directed to provide a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Kunal