Chattisgarh High Court
Sunil Kumar Panda vs State Of Chhattisgarh on 15 May, 2025
Author: Ramesh Sinha
Bench: Ramesh Sinha
1
2025:CGHC:22094
NAFR
Digitally signed by Digitally signed by
REKHA SINGH REKHA SINGH
DN: cn=REKHA SINGH, DN: cn=REKHA SINGH,
ou=HIGH COURT OF ou=HIGH COURT OF
CHHATTISGARH, CHHATTISGARH,
o=HIGH COURT OF o=HIGH COURT OF
CHHATTISGARH, CHHATTISGARH,
st=CHATTISGARH, c=IN st=CHATTISGARH, c=IN
Date: 2025.05.15 Date: 2025.05.15
16:10:50 +0530 16:10:50 +0530
HIGH COURT OF CHHATTISGARH AT BILASPUR
MCRC No. 3882 of 2025
1 - Sunil Kumar Panda S/o Murlidhar Panda Aged About 44 Years R/o
Village Amlidih, Post Bhalumar, Thana And Tehsil Gharghoda District-
Raigarh (C.G.)
... Applicant
versus
1 - State Of Chhattisgarh Through Station House Officer P.S.
Gharghoda District- Raigarh (C.G.)
... Non-applicant
For Applicant : Mr. Sanjay Agrawal, Advocate.
For Non-applicant/State : Mr. Shaleen Singh Baghel, Dy. G.A.
Hon'ble Shri Ramesh Sinha, Chief Justice
Order on Board
15.05.2025
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
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with Crime No.45/2025, registered at Police Station-
Gharghoda, District Raigarh (C.G.) for the offence punishable
under Sections 34(2) and 34 (B) of the Chhattisgarh Excise Act.
2. The prosecution story in brief, is that, on 20.02.2025, the
Police of Police Station Gharghoda,District Raigarh(C.G.) have
received a secret information from the informant, on the basis
of said information the Police conducted raid and have seized
107 bulk 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
34(B) of the Chhattisgarh Excise Act.
3. Learned counsel for the applicant submits that the applicant
has been falsely implicated in this case. The mandatory
provisions with regard to search and seizure have not been
followed by the Police in this case. 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 the applicant has no criminal antecedent and he is
in jail since 20.02.2025 and the conclusion of the trial is likely
to take quite long time. Therefore, he prays for releasing the
applicant on regular bail.
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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 present
applicant i.e. 107 bulk liters of country-made liquor. Hence, he
is not entitled for grant of bail.
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 a huge quantity of liquor,
totaling 107 bulk liters of country-made liquor was seized
from the possession of the applicant without any valid licence
and no plausible explanation has been offered in this regard.
Furthermore, considering the gravity and seriousness of this
case and it cannot be a case of false implication, this Court is
of the view that it is not a fit case to enlarge the applicant on
bail.
7. Accordingly, the bail application of the applicant namely Sunil
Kumar Panda, involved in Crime No.45/2025, registered at
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Police Station-Gharghoda, District Raigarh (C.G.) for the
offence punishable under Sections 34(2) and 34(B) of the
Chhattisgarh Excise Act, is rejected at this stage.
8. Needless to say that the trial Court concerned is at liberty to
proceed and conclude the trial expeditiously.
9. 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
Rekha
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