1 2025:CGHC:59529 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8698 of 2025 Mintu @ Sonu Sarkar S/o Laxman Sarkar Aged About 33 Years R/o Shubpalli, Police Station Pakhanjur, District Uttar Baster Kanker, Chhattisgarh. ... Applicant versus The State Of Chhattisgarh Through The Station House Officer, Police Station Pakhanjur, District Uttar Baster Kanker, Chhattisgarh. ... Respondent For Applicant : Shri Punit Ruparel, Advocate. For Respondent/State : Shri Nitansh Jaiswal, PL. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 08/12/2025 1. This is the first bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) for grant of regular bail to the applicant who has been arrested in connection with Crime No.151/2025 registered at Police Station Pakhanjur, District Uttar Baster Kanker (C.G.) for the offence punishable under Section 34(2) of Excise Act. GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2025.12.09 14:25:28 +0530 2 2. Case of the prosecution, in brief, is that on 02.10.2025 Assistant Sub Inspector received some information informant that the applicant selling English liquor and trying to find out the customers upon such information the police raid upon the rented house and in campus 11 box English liquor Goa Whisky mentioning sale in Madhya Pradesh only and Great Galleon Ventures Ltd. Sejwaya District Dhar (M.P.) as such the prosecution has seized total 95.04 bulk liter English liquor from the rented house and after given notice under Section 94 of BNSS and given opportunity to produce bill of the illicit liquor when applicant is unable to produce any bill or document of possession that police registered the crime as mentioned above in the aforesaid offence and arrested the applicant on 02.10.2025. 3. Learned counsel for the applicant submits that the applicant has been falsely implicated in this case and 95.04 bulk liter English liquor was not seized from the exclusive possession of the applicant. He further submits that under Section 34(2) of the C.G. Excise Act, minimum punishment is one year and maximum punishment is three years. He also submits that charge sheet has been filed, applicant is in jail since 02/10/2025 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. Learned counsel for the State/non-applicant would oppose the bail application. He would submit that the applicant has one criminal antecedent under the IPC of the year 2023. He further submits that 95.04 bulk liter English liquor was recovered from the possession of the applicant, therefore, he is not entitled for grant of bail. 3 5. I have heard learned counsel appearing 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, applicant has one criminal antecedent under the IPC of the year 2023, he is in jail since 02/10/2025 and the charge-sheet has been filed as stated by learned counsel for the applicant at bar, further the conclusion of the trial may take some more time, this Court is of the view that the applicant is entitled to be released on bail in this case. 7. Accordingly, the bail application is allowed and it is directed that the applicant - Mintu @ Sonu Sarkar, involved in Crime No.151/2025 registered at Police Station Pakhanjur, District Uttar Baster Kanker (C.G.) for the offence punishable under Section 34(2) of Excise Act, be released on bail on his furnishing a 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 his counsel. In case of his absence, without sufficient 4 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 for necessary information and compliance forthwith. - Sd/- (Ramesh Sinha) Chief Justice gouri