1 2025:CGHC:13166 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 1493 of 2025 1 - Tiharu Munda S/o Chaitram Munda Aged About 35 Years R/o Village Kavlajhar Thana And Teh. Sarangarh District - Sarangarh - Bilaigarh (C.G.) 2 - Dinesh Munda @ Ghurauram S/o Kartik Ram Aged About 35 Years R/o Village Kavlajhar Thana And Teh. Sarangarh District - Sarangarh - Bilaigarh (C.G.) 3 - Gopi Munda S/o Ramlal Munda Aged About 25 Years R/o Village Kavlajhar Thana And Teh. Sarangarh District - Sarangarh - Bilaigarh (C.G.) ... Applicant(s) versus State Of Chhattisgarh Through The Station House Officer P.S. Sarangarh District- Sarangarh - Bilaigarh (C.G.) ... Respondent(s) For Applicant(s) : Mr. Chandra Prakash Lahrey, Advocate. For Respondent(s) : Ms. Shubha Shrivastava, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 19.03.2025 1. The applicants have preferred this First Bail Application under AKHILESH KUMAR DEWANGAN Digitally signed by AKHILESH KUMAR DEWANGAN 2 Section 483 of Bhartiya Nagrik Suraksha Sanhita, 2023 for grant of regular bail, as they have been arrested in connection with Crime No.38/2025, registered at Police Station- Sarangarh District- Sarangarh - Bilaigarh (C.G.) for the offence punishable under Sections 34(2) and 59(A) of the Chhattisgarh Excise Act. 2. The prosecution story in brief, is that, on 26.01.2025, as per secret information received by the informant, the Police of Police Station Sarangarh District- Sarangarh – Bilaigarh (C.G.) seized 120 bulk liter of handmade Mahua liquor from the joint possession of applicants, thereafter, aforesaid offence has been registered against the applicants and subsequently they have been arrested. Hence, the bail application. 3. Learned counsel for the applicants submits that the applicants have been falsely implicated in this case. The mandatory provisions with regard to search and seizure have not been followed by the Police in this case. He also submits that the under Section 34(2) of the Chattisgarh Excise Act, minimum punishment is one year and maximum punishment is three years, further the applicants have no criminal antecedent and they are in jail since 26.01.2025 and the conclusion of the trial is likely to take quite long time. Therefore, he prays for releasing the applicants on regular bail. 4. On the other hand, learned counsel for the State opposes the bail application and submits that in the present case, charge-sheet has not been filed, but the quantity of liquor seized from the joint possession of the applicants i.e. 120 bulk liters of handmade Mahua liquor. Hence, they are not entitled for grant of bail. 3 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the fact and circumstances of the case, nature and gravity of offence levelled against the applicants and the fact that in the present case charge-sheet has not been filed, but the huge quantity of liquor, totaling 120 bulk liters of handmade Mahua liquor was seized from the joint possession of the applicants without any valid licence and no plausible explanation has been offered in this regard. Furthermore, considering the gravity and seriousness of this case and it cannot be a case of false implication, this Court is of the view that it is not a fit case to enlarge the applicants on bail. 7. Accordingly, the bail application of the applicants namely Tiharu Munda, Dinesh Munda @ Ghurauram and Gopi Munda, involved in Crime No.38/2025, registered at Police Station- Sarangarh District- Sarangarh - Bilaigarh (C.G.) for the offence punishable under Sections 34(2) and 59(A) of the Chhattisgarh Excise Act, is rejected at this stage. 8. Needless to say that the trial Court concerned is at liberty to proceed and conclude the trial expeditiously. 9. OfÏce is directed to provide a certified copy of this order to the trial Court concerned for necessary information and compliance. Sd/- (Ramesh Sinha) Chief Justice Akhil