1 2025:CGHC:8658 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 1400 of 2025 Basant Kumar Sahu S/o Feruram Sahu Aged About 45 Years R/o. Village Tumgaon, Ps Tumgaon, District- Mahasamund (C.G.) ... Applicant versus State of Chhattisgarh Through - Police Station Excise Circle Mahasamund, District- Mahasamund (C.G.) ... Non-applicant For Applicant : Mr. Shubhank Tiwari, Advocate. For Non-applicant/State : Mr. Sakib Ahmed, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 19.02.2025 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. 131/2025, registered at Police Station Excise Circle Mahasamund, District – Mahasamund (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 the police of Police Station Excise Circle Mahasamund, District – Mahasamund (C.G.), received an information from the informant and on the basis of the ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2025.02.20 12:39:20 +0530 2 said information conducted a raid and seized 17.73 liters of liquor from the possession of the present applicant. Thereafter, Police has registered an aforesaid offence against the present applicant. 3. It is argued by the learned counsel for the applicant that the applicant is falsely implicated in this case. He also submits that the present applicant has no criminal antecedents under the Excise Act. He further submits that under Section 34(2) of the Excise Act, minimum punishment is one year and maximum punishment is three years, and the applicant is in jail since 31.01.2025 and the trial is likely to take some time for its conclusion, therefore, he prays for grant of regular bail to the present applicant. 4. On the other hand, the learned State counsel opposes the bail application and also endorse the submissions made by the learned counsel for the applicant that the present applicant has no criminal antecedents and submits that the charge-sheet has already been filed before the competent Court. He also submits that from the possession of the present applicant 17.73 liters of liquor was seized, therefore, he is not entitled for grant of 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 under the Excise Act and also considering the fact that the charge-sheet has been filed and he is in jail since 31.01.2025 and conclusion of the trial is likely to take some time, therefore, I am inclined to grant 3 regular bail to the present applicant. 7. Let applicant, Basant Kumar Sahu, involved in Crime No. 131/2025, registered at Police Station Excise Circle Mahasamund, District – Mahasamund (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 his counsel. In case of his absence, without sufÏcient 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. 4 (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 sufÏcient 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. OfÏce 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 Abhishek