Chattisgarh High Court
Chandra Bhushan Singh vs State Of Chhattisgarh on 10 April, 2026
Author: Ramesh Sinha
Bench: Ramesh Sinha
1
GOURI
MUDALIAR
Digitally signed 2026:CGHC:16707
by GOURI
MUDALIAR
Date: 2026.04.13
11:21:57 +0530
NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR
MCRC No. 2043 of 2026
Chandra Bhushan Singh S/o Deenanath Singh Aged About 53 Years R/o
Fatpani, Village Gadbadi, Thana And Tahsil Baikunthpur, Distt. Koriya C.G.
... Applicant
versus
State Of Chhattisgarh Through Station House Officer, Police Station Chirmiri,
Distt. Manendragarh Chirmiri Bharatpur C.G.
... Respondent
For Applicant : Shri Parag Kotecha, Advocate.
For : Ms. Sameeksha Gupta, PL.
Respondent/State
Hon'ble Mr. Ramesh Sinha, Chief Justice
Order on Board
10/04/2026
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.16/2026(Wrongly mention as 2025) registered at Police Station Chirmiri for the offence punishable under Section 34 (2) of CG Excise Act.
2
2. Case of the prosecution, in brief, is that it was an allegation, on receiving secret information, the police intercepted one Sonprakash @ Sonu and from his motorcycle, 16 liters of country made liquor was sized and from his memorandum, the name of the applicant came, and it was say of the co-accused, that he had purchased the liquor from the applicant. Hence, an offence under aforesaid section have been registered against the applicant
3. Learned counsel for the applicant submits that the applicant has been falsely implicated in this case. He would submit that the applicant has been implicated only on the basis of memorandum statement of co- accused and liquor was not seized from the possession of the applicant and it was seized from the co-accused. 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 12/01/2026 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 would submit that allegation against the applicant is that the co-accused had purchased the said liquor from the applicant. She further submits that the applicant is having 04 criminal antecedents under the Excise Act, as such, he 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.
3
6. Considering the facts and circumstances of the case, nature of allegation against the applicant that the co-accused had purchased the said liquor from the applicant and in the present case the applicant is having 04 criminal antecedents under the Excise Act and he is a habitual offender, further he has misused the bail granted to him earlier 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, therefore 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-Chandra Bhushan Singh, involved in Crime No.16/2026 (Wrongly mention as 2025) registered at Police Station Chirmiri for the offence punishable under Section 34 (2) of CG 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/-
(Ramesh Sinha) Chief Justice gouri