1 2026:CGHC:12527 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 1423 of 2026 Lalita Lahre W/o Narendra Lahre Aged About 34 Years Caste - Satnami, R/o - Village Sakreli Khurd, Police Station Nagarda, District - Sakti, Chhattisgarh. ... Applicant versus State Of Chhattisgarh Through - Excise Circle Sakti, District - Sakti, Chhattisgarh. ... Respondent For Applicant : Shri Chandra Prakash Choubey, Advocate. For Respondent/State : Ms. Palak Dwivedi, PL. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 16/03/2026 1. This is the first bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) for grant of regular bail to the applicant who has been arrested in connection with Crime No. 261/2025-26 registered at Police Station Excise Circle Sakti, District Sakti (C.G.) for the offence punishable under Section 34(2) of the Excise Act. GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2026.03.17 15:17:59 +0530 2 2. Case of the prosecution, in brief, is that on 17.01.2026 the official of Excise Circle Sakti has received information from the informant that the applicant has kept country made liquor in her house, thereafter the police official have conducted raid and recovered 7 bulk liter of county made liquor from the illegal possession of the present applicant, hence registered the crime for the offence u/s 34(2) of the Excise Act. 3. Learned counsel for the applicant submits that the applicant has been falsely implicated in this case. The mandatory provisions with regard to search and seizure have not been followed by the Police in this case. He also submits that under Section 34(2) of the Chattisgarh Excise Act, the minimum punishment is one year and maximum punishment is three years. He also submits that the applicant is in jail since 17/01/2026 and the conclusion of the trial is likely to take quite long time. Therefore, he prays for releasing the applicant on regular bail. 4. Learned counsel appearing for the State/non-applicant would oppose the bail application. She further submits that the applicant is having 02 criminal antecedents under the Excise Act of the year 2023 and 2025 which are pending, as such, she is a habitual offender and 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 and in the present case, the applicant is having 02 criminal antecedents under the Excise Act of the year 2023 and 2025 which are pending and she is a habitual offender, further she has misused the bail granted to her earlier and 3 that the quantity of liquor seized is 7 bulk liters of county made liquor 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 this is not a fit case to enlarge the applicant on regular bail. 7. Accordingly, the bail application of the applicant-Lalita Lahre, involved in Crime No. 261/2025-26 registered at Police Station Excise Circle Sakti, District Sakti (C.G.) for the offence punishable under Section 34(2) of the Excise Act, is rejected. 8. Office is directed to send a certified copy of this order to the trial Court concerned for necessary information. - SD Sd/- (Ramesh Sinha) Chief Justice gouri