1 CGHC010343982026 2026:CGHC:42584 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8658 of 2026 1 - Anita Banjare W/o Late Rohit Banjare Aged About 40 Years Resident Of Gram Tusma, Police Station- Shivrinarayan, District Janjgir-Champa (C.G.) ... Applicant versus 1 - State Of Chhattisgarh Through- Station House Officer, Police Station- Shivrinarayan, District Janjgir-Champa (C.G.) ... Non-applicant For Applicant : Mr. Rahul Goswami, Advocate For Non-applicant /State : Ms. Saumya Sharma, 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 the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail as she has been arrested in connection with 2 Crime No. 223/2026 registered at Police Station Shivrinarayan, District Janjgir-Champa (C.G.) for the offence punishable under Section 34(2) of Chhattisgarh Excise Act, 1915 (hereinafter, “the Excise Act”). 2. Case of the prosecution, in brief, is that as per the information received from an informer, police searched the house of the applicant and recovered 10 liters of hand made raw mahua liqour and 7.200 liters of country made plain liqour and thereby, registered the aforesaid offence against the applicant. 3. Mr. Rahul Goswami, learned counsel appearing for the applicant, would submit that the applicant has falsely been implicated in the present case and she is innocent. He would further submit that the applicant has four criminal antecedents of similar nature out of which, two cases have been disposed of and two cases are still pending before the trial Court. He would further contend that the applicant is in jail since 14/07/2026, the charge-sheet has already been filed, and the trial is likely to take considerable time to conclude, therefore, the applicant be enlarged on regular bail. 4. On the other hand, Ms. Saumya Sharma, learned counsel for the non-applicant/State, would oppose the bail application and submit that the charge-sheet has already been filed before the competent Court. She would further submit that 10 liters of hand made raw mahua liqour and 7.200 liters of country made plain liqour has been seized from the house of the present applicant. It is also argued 3 that the applicant has four previous criminal antecedents, one is of the year 2022 for offence punishable under Section 34(1) of the Excise Act which has been disposed of, second is of the year 2023 for offence punishable under Section 34(2) of the Excise Act and it has also been disposed of, the third case has been registered in the year 2022 for offence punishable under Section 34(2) of Excise Act which is still pending consideration and the fourth is registered in the year 2025 for offence punishable under Section 34(2) of the Excise Act and is also pending consideration, thus, the appellant appears to be a habitual offender and, therefore, she is not entitled to grant of regular bail. 5. 5. I have heard learned counsel for the parties and perused the case diary. 6. Taking into consideration the facts and circumstances of the case, the nature and gravity of the allegations levelled against the applicant, and the fact that the 10 liters of hand made raw mahua liqour and 7.200 liters of country made plain liqour has been seized from the house of the present applicant; further considering that the applicant has four previous criminal antecedents, first was registered in the year 2022 for offence punishable under Section 34(1) of the Excise Act which has been disposed of, second was registered in the year 2023 for offence punishable under Section 34(2) of the Excise Act and it has also been disposed of, the third case has been registered in the year 2022 for offence punishable 4 under Section 34(2) of Excise Act which is still pending consideration and the fourth is registered in the year 2025 for offence punishable under Section 34(2) of the Excise Act and is also pending consideration, it is evident that the appellant is a habitual offender, this Court is not inclined to grant regular bail to the applicant. 7. Accordingly, this MCRC for grant of bail to the applicant – Anita Banjare, who has been arrested in connection with Crime No. 223/2026 registered at Police Station Shivrinarayan, District Janjgir-Champa (C.G.) for the offence punishable under Section 34(2) the Excise Act, is hereby dismissed. Sd/- Sd/- (Rakesh Mohan Pandey) JUDGE Harneet