1 2025:CGHC:49784 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7881 of 2025 Vinod Kumbhkar S/o Late Manharan Lal Kumbhkar Aged About 45 Years R/o Village Thanaud Kumhar Para Out Post Anjora, Durg District- Durg (C.G.) ... Applicant(s) versus State Of Chhattisgarh Through- Police Station Pulgaon Police Post (Chowki) Anjora Durg District- Durg (C.G.) ... Non-applicant(s) For Applicant : Mr. Virendra Kashyap, Advocate For Non-applicant/State : Ms. Vaishali Mahilong, Panel Lawyer Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 07.10.2025 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. 303/2025, registered at Police Station : Pulgaon Police Post (Chowki) Anjora Durg, District- Durg (C.G.) for the offence punishable under Section 34(2) of the C.G. Excise Act. 2. The case of the prosecution, in brief, is that on 26.07.2025, head Constable Suresh Ratre, Outpost Anjora, Police Station Pulgaon, received secret information from an informer that one person namely Vinod Kumbhakar was illegally selling liquor near Raja KUNAL DEWANGAN Digitally signed by KUNAL DEWANGAN 2 Talab, Village Thanaud. Acting upon the said information, the police party summoned independent witnesses and prepared the information Panchnama. Thereafter, the police team proceeded to the spot, cordoned the area and conducted a raid. During the raid, one person was apprehended who disclosed his identity as Vinod Kumbhakar. On search, one plastic bag was found in his possession containing 42 quarters of country liquor, each sealed in 180 ml bottles, amounting to a total of 7.560 bulk liters, valued at Rs. 3,360/-. In addition, Rs. 200/- as sale proceeds were also recovered from him. Thereafter, the accused was served with a notice under Section 94 BNSS and asked to produce valid license/permit for possession and sale of the said liquor. The accused submitted in writing that he did not possess any valid document. Consequently, the said liquor and cash amount were seized in presence of witnesses under a seizure memo. On this basis, Crime No. 303/2025 was registered against the applicant/accused under Section 34(2) of the Excise Act at Police Post (Chowki) Anjora, Police Station Pulgaon, District Durg. After completion of investigation, a charge sheet has been filed before the Court of Judicial Magistrate First Class, Durg. 3. Learned counsel for the applicant submits that the applicant has been falsely implicated in this case. No independent witness has supported the prosecution version in a trustworthy manner and the alleged recovery is doubtful. He further submits that the Police have not seized the alleged liquor from the possession of the present applicant. There is no seizure of the things from the present 3 applicant and it has not been proved. The alleged recovery of 7.560 bulk liters (42 quarters) is much below the commercial quantity as notified under the Excise Act. Hence, stringent conditions of law relating to commercial quantity are not applicable. It is further argued by him that under Section 34(2) of the C.G. Excise Act, minimum punishment is one year and maximum punishment is three years and in the present case, charge-sheet has filed before the competent Court and the applicant is in jail since 26.07.2025 and so far as the criminal antecedents of the applicant is concerned, the applicant has three criminal antecedent out of which two cases are under the Excise Act and one case is under the Gambling Act which have been explained in the bail application of para No.4(A) and out of which only one case is pending and the conclusion of the trial is likely to take quite long time. Therefore, he prays for grant of regular bail to the applicant. 4. On the other hand, the learned State counsel opposes the prayer for grant of bail to the applicant and submits that in the present case, charge-sheet has been filed before the competent Court and the applicant has three previous criminal antecedents out of which two cases are under the Excise Act and one case is under the Gambling Act and out of them one case is still pending. She further submits that from the possession of the present applicant 7.560 bulk liters of liquor seized and as such he is a habitual offender therefore, he is not entitled for grant of bail. 5. I have heard learned counsel for the parties and perused the case- diary. 4 6. Taking into consideration the facts and circumstances of the case, nature and gravity of the allegations levelled against the applicant and the fact that the applicant has three previous criminal antecedents, out of which two cases are under the Excise Act and one case is under the Gambling Act and that one case under the Excise Act pertaining to the year 2023 is still pending, it is also observed that the charge-sheet has already been filed before the competent Court. Further, 7.560 bulk litres of liquor have been seized from the possession of the applicant and the applicant has been in custody since 26.07.2025, and as the conclusion of the trial is likely to take some time, I am inclined to grant regular bail to the present applicant. 7. Let applicant, Vinod Kumbhkar, involved in Crime No. 303/2025, registered at Police Station : Pulgaon Police Post (Chowki) Anjora Durg, District- Durg (C.G.) for the offence 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 file an undertaking to the effect that he 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 applicant shall remain present before the trial court on each date fixed, either personally or through 5 his counsel. In case of his absence, without sufficient 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 fixed 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 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 applicant is 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 him 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 forthwith. Sd/- (Ramesh Sinha) Chief Justice Kunal