Chattisgarh High Court
Krishan Kumar Gritlahare @ Raja vs State Of Chhattisgarh on 18 March, 2025
Author: Ramesh Sinha
Bench: Ramesh Sinha
1/2
2025:CGHC:12897
NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR
MCRCA No. 367 of 2025
• Krishan Kumar Gritlahare @ Raja S/o Vijay Kumar Gritlahare Aged About 28
Years R/o Village Khairghat, Police Station Simga, District Balodabazar-Bhat-
apara, Chhattisgarh.
... Applicant
versus
• State Of Chhattisgarh Through Station House Officer, Police Station Hath-
band, District Balodabazar-Bhatapara, Chhattisgarh.
... Respondent
For Applicant : Mr. Amit Kumar Sahu, Advocate For Respondent-State : Mrs. Smriti Shrivastava, Panel Lawyer Hon'ble Shri Ramesh Sinha, Chief Justice ORDER ON BOARD 18/03/2025
1. Applicant has filed this first anticipatory bail application under Section 482 of Bhartiya Nagrik Suraksha Sanhita, 2023 for grant of regular bail as he apprehends his arrest in connection with Crime No. 193/2024 registered at Police Station - Hathband District Baloda Bazar Bhatapara (C.G.) for offence punishable under Sections 34(2), 59(A), 36 of the Excise Act and Section 111 of the BNS, 2023.
2. As per the case of prosecution on 13.10.2024 based on the secret information the police of the concerned police station reached at Yadu Farm House, Kedar Badi, Kesda and found 532 boxes containing 4788 bulk litre of illicit liquor. Based on the seizure, co-accused Laxminath Yadu, Sarju and Baratu Yadav PAWAN were arrested. During investigation, based on the memorandum statement of KUMAR JHA Digitally signed by PAWAN KUMAR JHA 2/2 co-accused applicant was also arrested for commission of aforementioned offence.
3. Learned State counsel opposes the submissions made by learned counsel for applicant and submits that application for grant of anticipatory bail is not maintainable in view of specific bar under Section 59(A) of CG Excise Act, and the learned Court below has also rejected application for grant of anticipatory bail on this very ground.
4. I have heard learned counsel for the parties and perused the documents placed on record.
5. Proviso to Section 59(A) of the CG. Excise Act reads as under :---
"no application for an anticipatory bail shall be entertained by any court in respect of a person accused of an offence punishable under Section 49-A or in respect of a person not being a person holding a licence under the Act or rules made thereunder who is accused of an offence covered by clause (a) or clause (b) of subsection (1) of Section 34 with quantity of liquor found at the time or in the course of detection of such offence exceeding [five bulk litre].
6. Considering the aforementioned facts of the case, submission of learned State counsel, this Court is of the view that this application for grant of anticipatory bail is not maintainable in view of specific bar under Section 59(A) of the C.G. Excise Act. It is accordingly dismissed.
Sd/-
(Ramesh Sinha)
pwn Chief Justice