1 2026:CGHC:20741 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3293 of 2026 Hiruram Mandavi S/o Shri Chaituram Mandavi Aged About 46 Years R/o Koyegaon Kapsi District- North Bastar Kanker (C.G.) (Particulars Of Applicant Are Correctly Mentioned ) ... Applicant Versus State Of Chhattisgarh Through- The Station House Officer, Police Station Pakhanjur Distt- North Bastar Kanker (C.G.) ... Non-applicant For Applicant : Mr. Rajendra Patel, 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.44/2026, registered at Police Station: Pakhanjur, District- North Bastar Kankaer (C.G.) for the ARPAN SRIVASTAVA Digitally signed by ARPAN SRIVASTAVA Date: 2026.05.05 18:45:03 +0530 2 offence punishable under Sections 34(2) of the C.G. Excise Act, 2015. 2. That, the prosecution story in brief is that on 03.03.2026, the police of Police Station Pakhanjur, acting on secret information received from an informer that the applicant, Hiruram Mandavi, was illegally storing hand-made Mahua liquor in his field and looking for customers to sell it, conducted a raid at the spot, during which a total of 17 liters of Mahua liquor kept in a jerrycan was recovered and seized from his possession, and thereafter, the applicant was arrested and an FIR was registered against him in accordance with law. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case and has not committed any offence as alleged. It is further submitted that the alleged recovery of 17 liters of Mahua liquor has been shown from an open agricultural field and merely because the field belongs to the applicant, he has been implicated in the matter. It is further submitted that the applicant is in custody since 03.03.2026. Therefore the applicant is entitled to be released on bail. 3 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 raid. It is further submitted that 17 liters of illicit Mahua liquor was seized from the possession of the applicant, 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 no criminal antecedents are registered against the applicant, and that the charge-sheet has been filed, and further taking into account that the applicant is in custody since 03.03.2026 and the conclusion of trial is likely to take some time, this Court is inclined to allow the present application. 7. Let applicant, Hiruram Mandavi, involved in Crime No.44/2026, registered at Police Station: Pakhanjur, District- North Bastar 4 Kankaer (C.G.) for the offence punishable under Sections 34(2) of the C.G. Excise Act, 2015 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