1 CGHC010342622026 2026:CGHC:42532 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8670 of 2026 1 - Ramdayal Banaj S/o Baratram Banaj Aged About 38 Years R/o Dahida, Police Station Kosir, District- Sarangarh- Bilaigarh (C.G.) ... Applicant(s) versus 1 - The State Of Chhattisgarh Through Station House Officer, P.S. Kosir, District- Sarangarh- Bilaigarh (C.G.) ... Non-applicant For Applicant : Mr. Manoj Kumar Jaiswal, Advocate For Non-applicant : Ms. Smriti Shrivastava, P.L. Hon’ble Shri Justice Rakesh Mohan Pandey Order on Board 30/09/2026 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. 89/2026, registered by Police Station Kosir District Sarangarh- Bilaigarh (C.G.) for the offence punishable under Section 34(2) and 59(A) of the Excise Act. 2. The prosecution story in brief, is that on 04.07.2026, Police Station Kosir, District Sarangarh-Bilaigarh received secret information from the informant and on the basis of said information, a raid was conducted wherein 25 bulk liters of 2 country made liquor was recovered from the possession of the present applicant. Thereafter, the crime has been registered against the applicant. 3. Learned counsel for the applicant submits that the applicant is innocent and he has falsely been implicated in this case. He further submits that the applicant has five criminal antecedents of a similar nature, out of which four cases have already been disposed of, and all such antecedents have been duly explained in Part-D (Criminal Antecedents) of the present bail application. He also submits that charge-sheet has been filed before the competent Court and the applicant is in jail since 03.07.2026 and the trial is likely to take some time for its conclusion, therefore, he prays for grant of 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 25 bulk liters of country made liquor was seized from the possession of present applicant. He further submits that the applicant has 5 criminal antecedents of similar nature which makes him a habitual offender. Hence, 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 fact that the applicant has five criminal antecedents under the Excise Act of the years 2020, 2022, 2023 and 2024, the quantity of liquor seized from the present applicant, 3 and the charge-sheet has already been filed before the competent Court in the present case, and 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 bail application of applicant is rejected. Sd/- Rakesh Mohan Pandey JUDGE Jyoti