RAMESH @ RAMESHWAR BANJARE vs STATE OF CHHATTISGARH

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CGHC010283132026 2026:CGHC:38573
KUNAL
DEWANGAN
NAFR
Digitally
signed by
KUNAL
DEWANGAN
HIGH COURT OF CHHATTISGARH AT BILASPUR
MCRC No. 7024 of 2026
Ramesh @ Rameshwar Banjare S/o Late Shri Agam Das Banjare Aged
About 48 Years R/o Village - Deori, P.O.- Pandhi, P.S.- Seepat, District-
Bilaspur (C.G.)
... Applicant(s)
versus
State Of Chhattisgarh Through - Excise Circle, Seepat, District- Bilaspur
(C.G.)
... Non-applicant(s)
For Applicant : Mr. Achyut Tiwari, Advocate.
For Non-applicant/State : Ms. Smriti Shrivastava, Panel Lawyer.
Hon'ble Shri Ramesh Sinha , Chief Justice
Order on Board
01.09.2026
1. The applicant has preferred this First Bail Application under Section
483 of Bhartiya Nagrik Suraksha Sanhita, 2023 for grant of regular
bail, as he has been arrested in connection with Crime
No.391/2026, registered at Police Station Excise Circle, Seepat
District-Bilaspur (C.G.) for the offence punishable under Sections
34(2) and 59(A)of the Chhattisgarh Excise Act.
2. The prosecution story in brief, is that, on 03.07.2026, the Police of

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Police Station Excise Circle, Seepat District- Bilaspur have received
a secret information from the informant, on the basis of said
information the concerned Police conducted raid and have seized
16.20 liters of country made liquor from the possession of the
present applicant. Thereafter, the crime has been registered for an
offence punishable under Sections 34(2) and 59(A) of the
Chhattisgarh Excise Act.
3.
Learned counsel for the applicant submits that the applicant has
been falsely implicated in this case and the alleged liquor has not
been recovered from the conscious possession of the applicant. He
also submits that the under Section 34(2) of the Chattisgarh Excise
Act, minimum punishment is one year and maximum punishment is
three years and so far as the criminal antecedents of the applicant
are concerned, the applicant has total 09 criminal antecedents of
similar nature out of which 07 cases have been disposed of and two
cases of the Excise Act are still pending and he is in jail since
03.07.2026 and the conclusion of the trial is likely to take quite long
time. Therefore, he prays for releasing the applicant on regular bail.
4.
On the other hand, learned counsel for the State opposes the bail
application and submits that in the present case, charge-sheet has
been filed before the competent Court and the quantity of liquor
seized from the possession of the applicant i.e . 16.20 liters of
country made liquor. She further submits that two cases under the
Excise Act are still pending and as such he is a habitual offender.
Hence, he is not entitled for grant of bail.

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5. I have heard learned counsel for the parties and perused the case
diary.
6.
Considering the fact and circumstances of the case, nature and
gravity of offence levelled against the applicant and the fact that in
the present case charge-sheet has been filed before the competent
Court and the quantity of liquor seized from the possession of the
applicant i.e. 16.20 liters of country made liquor, so far as the
criminal antecedents of the applicant are concerned, the applicant
has total 09 criminal antecedents of similar nature out of which 07
cases have been disposed of and two cases of the Excise Act are
still pending, it appears that the present applicant is a habitual
offender, further he has misused the bail granted to him earlier, 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 – Ramesh @
Rameshwar Banjare, involved in Crime No.391/2026, registered
at Police Station Excise Circle, Seepat District-Bilaspur (C.G.) for
the offence punishable under Sections 34(2) and 59(A)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.

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8. Office is directed to provide a certified copy of this order to the trial
Court concerned for necessary information and compliance
forthwith.
Sd/-
(Ramesh Sinha)
Chief Justice
Kunal