1 2025:CGHC:52585 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8530 of 2025 Neelkanth Banjare S/o Tirith Ram Banjare Aged About 30 Years R/o Village Jalbandha, Police Outpost Jalabndha, Tahsil Khairagarh, District Khairagarh Chhuikhadan Gandai (Kcg) Chhattisgarh ... Applicant(s) versus State Of Chhattisgarh Through The Police Outpost Jalbandha, Police Station Khairagarh, District Khairagarh-Chhuikhadan-Gandai (KCG) Chhattisgarh ... Non-applicant(s) For Applicant : Mr. Siddharth Pandey, Advocate For Non-applicant/State : Mr. Saumya Rai, Panel Lawyer Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 28.10.2025 1. The applicant has preferred this First Bail Application under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as he has been arrested in connection with Crime No. 333/2025, registered at Police Station : Khairagarh, District- Khairagarh-Chhuikhadan-Gandai (C.G.) for the o9ence punishable under Section 34(2) of the C.G. Excise Act. 2. The case of the prosecution, in brief, is that the Police of Police KUNAL DEWANGAN Digitally signed by KUNAL DEWANGAN 2 Station : Khairagarh, District- Khairagarh-Chhuikhadan-Gandai (C.G.), received a secret information from the informant with the averment that the applicant has kept liquor for selling purposes, on the basis of the said information, the concerned police reached at the concerned spot, conducted raid and have seized 9 bulk liters of country made liquor from the possession of the applicant who has kept in motorcycle bearing registration No. CG-08-AN-7536. Thereafter, Police has registered an o9ence punishable under Section 34(2) of the C.G. Excise Act against the accused. 3. Learned counsel for the applicant submits that the applicant has been falsely implicated in the present case and that the alleged liquor was not seized from his exclusive possession. He further submits that under Section 34(2) of the Chhattisgarh Excise Act, the minimum punishment prescribed is one year and the maximum is three years. It is further submitted that the charge-sheet in the present case has already been Bled before the competent Court. He also submits that the applicant has seven criminal antecedents, out of which three cases are under the Excise Act, two cases are under the IPC, and two cases are under the Cr.P.C. Out of these, only one case under the Excise Act is still pending, while the rest have been disposed of, which has been duly explained in paragraph No. 4(A) of the bail application. The applicant is in judicial custody since 08.07.2025, and the conclusion of trial is likely to take a considerable time. Therefore, he prays that the applicant may kindly be enlarged on regular bail. 4. On the other hand, the learned State counsel opposes the prayer for 3 grant of bail to the applicant and submits that in the present case, charge-sheet has been Bled before the competent Court and the applicant has seven criminal antecedents, out of which three cases are under the Excise Act, two cases are under the IPC, and two cases are under the Cr.P.C. Out of these, one case under the Excise Act is still pending, while the rest have been disposed of, which has been duly explained in paragraph No. 4(A) of the bail application. She further submits that from the possession of the present applicant 9 bulk liters of country made liquor was seized and as such he is a habitual o9ender therefore, he is 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 fact and circumstances of the case, nature and gravity of allegation levelled against the applicant and the fact that the applicant has seven criminal antecedents, out of which three cases are under the Excise Act, two cases are under the IPC, and two cases are under the Cr.P.C. Out of these, only one case under the Excise Act is still pending, while the rest have been disposed of, which has been duly explained in paragraph No. 4(A) of the bail application and also considering the fact that the charge- sheet has been Bled before the competent Court and the quantity of liquor seized from the possession of the applicant i.e. 9 bulk liters of country made liquor and he is in jail since 08.07.2025 and conclusion of the trial is likely to take some time, therefore, I am inclined to grant regular bail to the present applicant. 4 7. Accordingly the bail application is allowed. 8. Let applicant, Neelkanth Banjare, involved in Crime No. 333/2025, registered at Police Station : Khairagarh, District- Khairagarh-Chhuikhadan-Gandai (C.G.) for the o9ence punishable under Section 34(2) of the C.G. Excise Act, be released on bail on furnishing personal bond with two sureties in the like sum to the satisfaction of the Court concerned with the following conditions:- (i) The applicant shall Ble an undertaking to the e9ect that he shall not seek any adjournment on the dates Bxed 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 applicant shall remain present before the trial court on each date Bxed, either personally or through his counsel. In case of his absence, without suCcient cause, the trial court may proceed against him under Section 269 of Bharatiya Nyaya Sanhita. (iii) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence, proclamation under Section 84 of BNSS. is issued and the applicant fails to appear before the Court on the date Bxed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under Section 209 of the Bharatiya Nyaya Sanhita. (iv) The applicant shall remain present, in person, before the trial court on the dates Bxed 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 applicant is deliberate or without suCcient cause, then it shall be 5 open for the trial court to treat such default as abuse of liberty of bail and proceed against him in accordance with law. 9. OCce is directed to send a certiBed copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Kunal