1 2026:CGHC:20969 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 4139 of 2026 1 - Manoj Acharya S/o Shri Shivan Acharya Aged About 33 Years R/o Borsi, Near Pragati Durga Manch, Padamnabhpur, Distt. Durg, Chhattisgarh. ... Applicant versus 1 - State Of Chhattisgarh Through The Station House OfÏcer, P.S. Basantpur, Distt. Rajnandgaon, Chhattisgarh. ...Non-applicant For Applicant : Mr. Rajendra Patel, Advocate For Non-applicant/ State : Ms. Sameeksha Gupta, P.L. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 05.05.2026 1. The applicant has preferred this First Bail Application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as he has been arrested in connection with Crime No. 586/2025, registered at Police Station – Basantpur, Distt.- Rajnandgaon (C.G.) for the offence punishable under Section 34(2) of the Excise Act, 2015, Section 111 of BNS and ARPAN SRIVASTAVA Digitally signed by ARPAN SRIVASTAVA Date: 2026.05.06 19:31:55 +0530 2 Sections 130(1)/177, 39(192), 55/192, 192(a)(1), 196 of the Motor Vehicle Act. 2. That, as per the prosecution case, on 05.12.2025, the police of Police Station Basantpur received secret information that a large quantity of illicit liquor was being transported from Tumdibod towards Rajnandgaon in a black vehicle. Acting upon the said information, the police party laid a blockade and intercepted a black car bearing registration No. CG-04-JF-8100 coming from the said direction, which was being driven by the present applicant Manoj Acharya, along with a co-accused person present in the vehicle. Upon search of the vehicle, a total of 272.100 bulk litres of liquor of various kinds was recovered from the trunk and seized in accordance with law. Thereafter, an FIR was registered against the applicant and co-accused, they were arrested, and upon completion of investigation, charge-sheet has been filed before the competent Court. 3. It is argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in this case and there are eight criminal antecedents registered against the present applicant. It is further submitted that the charge-sheet has been filed in this case. He further submits that under 3 Section 34(2) of the Excise Act, minimum punishment is one year and maximum punishment is three years. He could not dispute the fact co-accused has already been granted bail by this Court in MCRC No.3384/2026 vide order dated 15.04.2026. The applicant is in jail since 05.12.2025 and it is further submitted that the alleged recovery has been falsely shown and there is no conscious possession of the contraband liquor by the applicant and the trial is likely to take some time for its conclusion, he prays for applicant is bail on the ground of parity. 4. On the other hand, the learned State counsel opposes the bail application and submits that the charge-sheet has been filed in this case. It is further submitted that a total of 272.100 bulk liters of liquor has been seized from the possession of the present applicant, he further submits that application has eight criminal antecedents and detail are the same are mentioned in the bail application at paragraph no. 4-A, therefore, he is not entitled for grant of bail. 5. I have heard learned counsel for the parties and perused all of the documents available on record. 6. Taking into consideration the facts and circumstances of the case, nature and gravity of allegation levelled against the 4 applicant and the fact that charge-sheet has been filed against the applicant and he is in jail since 05.12.2025 and he could not dispute the fact co-accused has already been granted bail by this Court in MCRC No. 3384/2026 vide order dated 15.04.2026. conclusion of the trial is likely to take some time, I am inclined to allow this application on the ground of parity. 7. Let applicant, Manoj Acharya involved in Crime No. 586/2025, registered at Police Station – Basantpur, Distt.- Rajnandgaon (C.G.) for the offence punishable under Section 34(2) of the Excise Act, 2015, Section 111 of BNS and Sections 130(1)/177, 39(192), 55/192, 192(a)(1), 196 of the Motor Vehicle Act, be released on bail on his 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, 5 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. (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 send a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Arpan