1 2026:CGHC:18989 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 2565 of 2026 1 - Prakash Yadav S/o Siyaram Yadav Aged About 30 Years R/o Village Hathmudi, Thana Kunda, District Kabirdham Chhattisgarh ... Petitioner(s) versus 1 - State Of Chhattisgarh Through Station House Officer, Police Station - Pandariya, District Kabirdham Chhattisgarh ... Respondent(s) For Petitioner(s) : Mr. Adarsh Rajput, Advocate For Respondent(s) : Ms. Smriti Shrivastava, Panel Lawyer Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 24.04.2026 1. This is the first bail application filed under Section 483 of Bharatiya Nagrik Suraksha Sanhita, 2023, for grant of regular bail as he has been arrested in connection with Crime No. 27/2026, registered at Police Station- Pandariya, District Kabirdham (C.G.) for the offence punishable under Section 34(2) of the Chhattisgarh Excise Act. 2. The prosecution story in brief, is that the police Pandariya had received a secret information and on the basis of information, blockade was done and seized total 7.200 bulk liters country made plain liquor from the house of accused. Thereafter, the aforesaid offence has been registered against the applicant. 3. Learned counsel for the applicant submits that the applicant is ABHIGYA SAXENA Digitally signed by ABHIGYA SAXENA Date: 2026.04.25 20:28:32 +0530 2 innocent and he has been falsely implicated in this case. He further submits that the applicant has 5 previous criminal antecedents under the Excise Act which are still pending. He further submits that the charge-sheet has not been filed, he is in jail since 03.02.2026 and 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 total 7.200 bulk liters of country made plain liquor has been recovered from the possession of the applicant and the applicant has 05 previous criminal antecedents and all are under the Excise Act and in the present case, therefore, his bail application is liable to be dismissed. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the fact that the applicant has 05 previous criminal antecedents under the Excise Act and are still pending and as such he is a habitual offender, the quantity of liquor seized from the applicant 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 – Prakash Yadav involved in Crime No. 27/2026, 3 registered at Police Station - Pandariya, District – Kabirdham (C.G.) for the offence punishable under Section 34(2) 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. 8. Office is directed to provide a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- Sd/- (Ramesh Sinha) Chief Justice Saxena