1 2026:CGHC:20738 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 2652 of 2026 Manharan Lal Kaushik S/o Babu Lal Kaushik, Aged About 50 Years R/o Village- Karra, Police Station- Masturi, District- Bilaspur (C.G.) ... Applicant versus State Of Chhattisgarh Through The Station House Officer, Police Station- Masturi, District Bilapur (C.G.) ... Non-applicant For Applicant : Mr. Paras Mani Shriwas, Advocate For Non-applicant : Ms. Smriti Shrivastava, P.L. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 04.05.2026 1. The applicant has preferred this First Bail Application under Section 483 of The Bharatiya Nagarik Suraksha Sanhita (BNSS) for grant of regular bail, as he has been arrested in connection with Crime No.127/2026, registered at Police Station: Masturi District- Bilaspur (C.G.) for the offence ARPAN SRIVASTAVA Digitally signed by ARPAN SRIVASTAVA Date: 2026.05.05 18:45:01 +0530 2 punishable under Sections 34(2) of C.G. Excise Act. 2. Case of the prosecution story is brief i.e. on 02.03.2026, the police officials of Police Station Masturi, District Bilaspur (C.G.), acting on secret information received from an informer, conducted a raid near Matachaura, Karra, during which the applicant was allegedly found in possession of 10 bulk liters of country-made (Mahua) liquor, which was seized in accordance with law, and thereafter, the applicant was arrested and a case was registered against him by the concerned authorities. 3. learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case merely on the basis of alleged criminal antecedents, and no liquor was seized from his conscious possession as the alleged recovery was from an open place. It is further submitted that the applicant is in custody since 02.03.2026, but the charge-sheet has not been filed. Therefore the applicant is entitled to be released on bail. 4. Per contra, learned State counsel opposes the bail application and submits that the applicant has been rightly implicated in the present case on the basis of recovery effected during the 3 raid. It is further submitted that 10 liters of illicit Mahua liquor was seized from the possession of the applicant and the applicant has six previous criminal antecedent, which clearly establishes his involvement in the offence. It is also contended that the offence is of serious nature affecting public health and order, therefore the applicant is not entitled to be released on bail. 5. I have heard learned counsel for the parties and perused the material available on record. 6. Considering the facts and circumstances of the case, particularly the nature and gravity of the allegations levelled against the applicant and the fact that the alleged recovery has been shown from an open place and not from the exclusive possession of the applicant, and without commenting on the merits of the case, and that the charge- sheet has not been filed, and further taking into account that the applicant is in custody since 02.03.2026 and the conclusion of trial is likely to take some time, this Court is inclined to allow the present application. 7. Let applicant, Manharan Lal Kaushik involved in Crime No.127/2026, registered at Police Station: Masturi District- 4 Bilaspur (C.G.) for the offence punishable under Sections 34(2) of C.G. 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 cause, the trial court may proceed against them 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 Bharatiya Nyaya Sanhita 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 Section 209 of Bharatiya Nyaya Sanhita. 5 (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. Sd/- (Ramesh Sinha) Chief Justice Arpan