1 2025:CGHC:55911 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8243 of 2025 Govinda Sori S/o Amrit Sori Aged About 22 Years R/o Village Aamjhar, P.S. Gariyaband, District - Gariyaband (C.G.) ... Applicant versus State Of Chhattisgarh Through Police Station - Gariyaband, District - Gariyaband (C.G.) ...Non-applicant For Applicant : Mr. Asseem Bhagwat Gopal, Advocate. For Non-applicant/State : Mr. Soumya Rai, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 17.11.2025 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. 169/2025, registered at Police Station – Gariyaband District – Gariyaband (C.G.) for the 34(2) of the Excise Act. 2. The prosecution case, in brief, is that on 31.08.2025, while on routine patrol, the police personnel of Police Station Gariyaband, District Gariyaband (C.G.) received information from a confidential informer that the applicant, Govinda Sori, had illegally stored raw Mahua liquor, VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2025.11.18 12:38:25 +0530 2 plain liquor, and Goa plain liquor for sale near the Aamjhar canal. Acting upon this information, the police conducted a raid at the indicated spot and allegedly recovered 30 litres of raw Mahua liquor kept in two 20-litre white plastic jerry cans, 540 ml of plain liquor in three 180-ml bottles, and 720 ml of Goa plain liquor in four 180-ml bottles, all collectively valued at Rs. 3,720/-, from the possession of the applicant. On the basis of this seizure, FIR No. 169/2025 dated 31.08.2025 was registered at Police Station Gariyaband for the offence punishable under Section 34(2) of the Excise Act, and thereafter, the applicant was charge-sheeted for possessing 30 bulk litres of raw Mahua liquor along with plain and Goa liquor without any valid license. 3. Learned counsel for the applicant submits that the present applicant is innocent persons and has been falsely implicated in the aforesaid case. He further submits , the applicant is innocent and has been falsely implicated in the present case merely on the basis of suspicion arising from an unknown confidential informer who is not a witness in the matter; that no intoxicant or liquor was recovered from the exclusive or personal possession of the applicant, as nothing was found on his person during personal search, and the alleged liquor was shown to have been seized from an open space above the Aamjhar canal without any public or independent witness despite the search being conducted in a public place; that the alleged quantity of liquor was not properly measured at the spot and the police failed to comply with the mandatory provisions of search and seizure under the Excise Act and the Bharatiya Nagarik Suraksha Sanhita, 2023, 3 including the requirement of serving notice and obtaining consent for personal search and issuing a receipt of recovery as mandated under Section 49 of BNSS, that the applicant has no criminal antecedents, investigation has been completed and charge-sheet has already been filed, and nothing further remains to be recovered from him; that the applicant is a permanent resident of the given address, is the sole breadwinner of his family, and has been in judicial custody since 31.08.2025, therefore, it is most humbly prayed that this Hon’ble Court may kindly be pleased to release the applicant on bail 4. On the other hand, the learned State Counsel opposes the bail application and does not endorse the submissions made by the learned counsel for the applicant. He submits that the charge-sheet has already been filed before the competent Court. He further submits that 31.260 bulk liters of liquor were seized from the possession of the present applicant, therefore, he is not entitled to be granted 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 applicant and the fact that the applicant has no previous antecedents and also considering the fact that the charge-sheet has been filed and she has been in jail since 31.08.2025 and conclusion of the trial is likely to take some time, therefore, I am inclined to grant regular bail to the present applicant. 7. Let applicant, Govinda Sori, involved in Crime No.169/2025, registered at Police Station – Gariyaband District – Gariyaband 4 (C.G.) for the 34(2) of the Excise Act, be released on bail on 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 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 provide a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice vaibhav