1 2025:CGHC:55432 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8148 of 2025 Firan Patel S/o Late Shiv Kumar Patel Aged About 34 Years R/o Village- Jalpur, Police Station- Saraipali, District- Mahasamund (C.G.) ...Applicant versus State Of Chhattisgarh Through - The Station House Officer, Police Station- Saraipali, District- Mahasamund (C.G.) ...Non-applicant For Applicant : Mr. Ajay Kumar Chandra, Advocate. For Non-applicant/State : Ms. Smriti Shrivastava, Panel Lawyer. Hon'ble Shri Ramesh Sinha, Chief Justice Order on Board 13.11.2025 1. This is the first bail application filed under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No. 269/2025 registered at Police Station- Saraipali District -Mahasamund (C.G.), for the offences punishable under Sections 34(2) of the C.G. Excise Act. 2. The prosecution story brief, on 21-09-2025, the police of Police Station Janakpur during the patrolling period, received secret VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2025.11.14 11:31:50 +0530 2 information and on the basis of said information, raid was conducted and recovered total 20 bulk liter illicit liquor from the possession of present applicant, therefore crime has been registered against the applicant. 3. Learned counsel for the applicant submits that the present applicant is innocent persons and has been falsely implicated in the aforesaid case. He also submits that the alleged liquor was not seized from the possession of the applicant but from an open place, and therefore no direct connection can be established between the applicant and the alleged offence. The applicant is a poor person and has been in jail since 21.09.2025, therefore, he prays for grant of regular bail to the present applicant. 4. On the other hand learned State counsel opposes the bail application of the present applicant and submits that the charge-sheet has not been filed in the present case. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the facts and circumstances of the case, the nature and gravity of the offence alleged against the present applicant, and taking into account that the applicant has no criminal antecedents and has been in judicial custody since 21.09.2025, and as the conclusion of the trial is likely to take some more time, this Court is of the considered opinion that the applicant is entitled to be released on bail in the present case. 7. Let the Applicant – Firan Patel, involved in Crime No. 269/2025 registered at Police Station- Saraipali District -Mahasamund (C.G.), 3 for the offences punishable under Sections 34(2) of the C.G. Excise Act, be released on bail on his furnishing personal bond with two local 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 his counsel. In case of his absence, without sufficient cause, the trial court may proceed against his 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 Vaibhav