1 2025:CGHC:27045 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 4763 of 2025 Kishan Das Manikpuri S/o Khemudas Manikpuri Aged About 28 Years R/o- Bhedsara Daupara Chowki Nagpura District- Durg (C.G.) ... Applicant versus State Of Chhattisgarh Through SHO Police Station- Pulgaon Chowki Jevra Sirsa District- Durg (C.G.) ... Respondent For Applicant : Shri Avinash Chand Sahu, Advocate. For Respondent/State : Smt. Subha Shrivastava, PL. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 23/06/2025 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.48/2025 registered at Police Station Pulgaon, Chowki Jevra Sirsa District Durg (C.G.) for the offence punishable under Sections 34(2), 36 of Chhattisgarh Excise Act. GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2025.06.26 20:34:55 +0530 2 2. Case of the prosecution, in brief, is that it is alleged that a secret information was received on 06.04.2025 that a person was possessing illegal liquor in village Dandesara Batauha based on the information the applicant was duly searched and 361 boxes of Royal blue Whiskey each box containing 48 plastic bottles of 180 ml total 17328 plastic bottles total 3119.400 bulk liters worth Rs 2,59,920/- and one motor cycle splendor CG-07-AR-2785 were recovered from their possession and therefore the above offence has been registered against him. Hence this bail application.-- 3. Learned counsel for the applicant submits that the applicant is innocent and he has been falsely implicated in the present case. He would submit that the name of the applicant has come into light after two months of the incident in the memorandum statement of the co-accused and Rs.2000/- is said to have been recovered from his possession. He would submit that charge sheet has been filed in this case, applicant is in jail since 6/04/2025 and conclusion of trial will take some time, therefore, he prays for grant of bail to the applicant. 4. Learned State counsel on the other hand has opposed the prayer for grant of bail and submitted that total 17328 plastic bottles total 3119.400 bulk liters of Royal blue Whiskey was recovered and she stated that two persons were arrested whereas the applicant and the co-accused Pankaj Nishad has fled from the place of occurrence and it is stated that the applicant is also involved in 3 one case under the Excise Act which is of the year 2020, therefore he is not entitled to be released on bail. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the facts and circumstances of the case, also considering the fact that the liquor in question i.e. 3119.400 bulk liters of Royal blue Whiskey which was recovered was of huge quantity and the applicant fled from the place of occurrence as it transpires from the statement of the co-accused, therefore, this Court is of the opinion that it is not a fit case to enlarge the applicant on regular bail. 7. Accordingly, the bail application of applicant Kishan Das Manikpuri involved in Crime No.48/2025 registered at Police Station Pulgaon, Chowki Jevra Sirsa District Durg (C.G.) for the offence punishable under Sections 34(2), 36 of Chhattisgarh Excise Act, is rejected. 8. Office is directed to provide a certified copy of this order to the trial Court concerned for necessary information. - Sd/- (Ramesh Sinha) CHIEF JUSTICE gouri