1 / 4 2025:CGHC:44010 HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 4782 of 2025 Anish Kumar Sahu S/o Firanta Sahu Aged About 40 Years R/o Village Bakimongra, P.S. Bakimongra, District Korba (C.G.) ---Applicant versus State Of Chhattisgarh Through Station House Officer, Police Station Sipat, District Bilaspur (C.G.) ---Non-applicant MCRC No. 4784 of 2025 Kanhaiya Lal Yadav S/o Late. Ramsingh Yadav Aged About 53 Years R/o Village Paingwa Para Bitkula, P.S. Sipat, District Bilaspur, (C.G.) ---Applicant Versus State Of Chhattisgarh Through - Station House Officer, Police Station Sipat, District Bilaspur (C.G.) ... Non-applicant For Applicants : Ms. Santoshi Yadav, Advocate. For Non-applicant/State : Ms. Monika Thakur, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 29.08.2025 1. The applicants have preferred this First Bail Application under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2025.08.29 18:33:56 +0530 2 / 4 regular bail, as they have been arrested in connection with Crime No. 312/2025, registered at Police Station : Sipat District – Bilaspur(C.G.) for the offence punishable under Section 34(2), & 59(a) of the C.G. Excise Act. 2. The prosecution story in brief is that on 01.06.2025, the police officer of Sipat police station received information from an informer that applicant Anish Kumar Sahu and co-accused Kanhaiya Lal Yadav were found in possession of a large quantity of illegal Mahua liquor (08 liters of raw Mahua liquor from Kanhaiya Yadav and 15 liters of raw Mahua liquor from applicant Anish Kumar Sahu, total 23 liters of hand-made Mahua liquor), against whom a case has been registered and investigation has been taken up under section 34 (2), 59 (A) CG Excise Act. 3. Learned counsel for the applicants submits that the present applicants have been falsely implicated. She further submits that there is no exclusive possession of the alleged country-made liquor, as the seizure was made from the house where the applicants are residing with their joint family, and therefore they have been falsely involved in this crime. It is further submitted that the applicants have no criminal antecedents and they are in jail since 02.06.2025. Hence, she prays for grant of regular bail to the applicants. 4. On the other hand, the learned State counsel opposes the bail application and also endorse the submissions made by the learned counsel for the applicant that the present applicants have no criminal antecedents and submits that the charge-sheet has already been filed before the competent Court. She also submits that from the possession of the present applicants 23.000 bulk liters of hand made (Mahua) 3 / 4 liquor was seized, therefore, they are not entitled for grant of bail. 5. I have heard learned counsel for the parties and perused the case- diary. 6. Taking into consideration the facts and circumstances of the case, nature and gravity of allegation levelled against the applicants and the fact that the applicants have no previous antecedents and also considering the fact that the charge-sheet has been filed and they are been in jail since 02.06.2025 and conclusion of the trial is likely to take some time, therefore, I am inclined to grant regular bail to the present applicants. 7. Let applicants, Anish Kumar Sahu & Kanhaiya Lal Yadav, involved in Crime No. 312/2025, registered at Police Station : Sipat District – Bilaspur (C.G.) for the offence punishable under Section 34(2), & 59(a) of the C.G. Excise Act, be released on bail on furnishing personal bond with two local sureties each in the like sum to the satisfaction of the Court concerned with the following conditions:- (i) The applicants shall file an undertaking to the effect that they shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in Court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law. (ii) The applicants shall remain present before the trial court on each date fixed, either personally or through their counsel. In case of their absence, without sufficient cause, the trial court may proceed against them under Section 269 of Bharatiya Nyaya Sanhita. (iii) In case, the applicants misuse the liberty of bail during trial and in order to secure their presence, proclamation under Section 84 of BNSS. is issued and the applicants fail to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against them, in accordance with law, under Section 209 of the Bharatiya Nyaya Sanhita. 4 / 4 (iv) The applicants shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 351 of BNSS. If in the opinion of the trial court absence of the applicants are deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against them in accordance with law. 8. Office is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance. Sd/- (Ramesh Sinha) Chief Justice Vaibhav