Extracted from the PDF above. The PDF is authoritative.
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CGHC010334402026
2026:CGHC:42111
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7985 of 2026 1 - Akash Pandey S/o Shri Santosh Pandey Aged About 25 Years R/o Jorapara, Behind P. S. D. D. Nagar, Raipur, District- Raipur Chhattisgarh.
... Applicant(s) versus 1 - State Of Chhattisgarh Through The Station House Officer, Police Station Purani Basti Raipur Commissionarate District- Raipur, Chhattisgarh.
... Non-applicant For Applicant : Mr. Pushpendra Kumar Patel, Advocate For Non-applicant : Mr. Vivek Sharma, P.L.
Hon’ble Shri Justice Rakesh Mohan Pandey
Order on Board
28/09/2026
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. 261/2026, registered by Excise Circle Purani Basti Raipur (C.G.) for the offence punishable under Section 34(2) of the Excise Act.
2. The prosecution story in brief, is that on 07.06.2026, Excise Sub- Inspector of Excise Circle Purani Basti Raipur received secret Digitally signed by JYOTI JHA Date: 2026.09.29 11:41:04 +0530
2 information from the informant and on the basis of said information, a raid was conducted wherein 12.600 of mahua 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 applicant has 12 criminal antecedents. He also submits that charge-sheet has been filed before the competent Court and the applicant is in jail since 07.06.2026 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 12.600 litre of Mahua was seized from the possession of present applicant. He further submits that the applicant has 12 criminal antecedents 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 12 criminal antecedents under the Excise Act, under IPC and under BNS and the charge-sheet has 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 &
3 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