Facts
The applicant sought regular bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, after her arrest in Crime No. 223/2026, registered under Section 34(2) of the Chhattisgarh Excise Act, 1915.
Source reference: para. 1The prosecution alleged that a search of her house resulted in the seizure of 10 litres of handmade raw mahua liquor and 7.200 litres of country-made plain liquor.
Source reference: para. 1–2The applicant had been in custody since 14 July 2026, and the charge-sheet had been filed.
Source reference: para. 3–4The State opposed bail, relying on four prior Excise Act cases: two disposed of and two pending.
Source reference: para. 3–4Issues
Whether the applicant should be released on regular bail under Section 483 BNSS, having regard to the allegations, the seizure, and her criminal antecedents.
Source reference: para. 1, 5–6Law Applied
Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, provides the basis for the High Court’s consideration of an application for regular bail.
Source reference: para. 1The alleged offence was punishable under Section 34(2) of the Chhattisgarh Excise Act, 1915.
Source reference: para. 1The Court assessed the bail application by considering the facts and circumstances, the nature and gravity of the allegations, the seized liquor, and the applicant’s criminal antecedents.
Source reference: para. 6Reasoning
The Court considered that the alleged liquor was seized from the applicant’s house and that she had four prior cases under the Excise Act, including two pending cases under Section 34(2).
Source reference: para. 6Although the applicant had been in custody and the charge-sheet had been filed, the Court treated the repeated antecedents as indicating that she was a habitual offender and concluded that bail was not warranted.
Source reference: para. 3, 6Holding
The Court declined to grant regular bail, finding the applicant’s four prior Excise Act cases—including two pending cases—sufficient to characterize her as a habitual offender.
The bail application was dismissed.
Source reference: para. 7Acts & Sections Cited
1 provisions across 1 statute referred to in this judgment. Each provision opens on LawLens.
Bharatiya Nagarik Suraksha Sanhita, 20231
Original Court PDF
ANITA BANJAREvsSTATE OF CHHATTISGARH
Click to open original judgment
Original judgment, available to read, download and summarize on LawLens.in
