1 2026:CGHC:2582 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 9920 of 2025 Daulat Ram Sahu S/o Chhabi Lal Sahu Aged About 30 Years R/o Village- Kothikunda, Post- Khamhar, Tahsil- Kharsia And District- Raigarh (C.G.) ... Applicant versus State Of Chhattisgarh Through- Police Chauki, Jobi, P.S. Kharsia, Distt- Raigarh, (C.G.) ... Respondent For Applicant : Shri Prahalad Panda, Advocate. For Respondent/State : Ms. Vaishali Mahilong, Dy.G.A. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 15/01/2026 1. This is the first bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) for grant of regular bail to the applicant who has been arrested in connection with Crime No. 570/2025 registered at Police Station Police Chauki Jobi, P.S. Kharsia, Distt.- Raigarh (C.G.) for the offence punishable under Sections 34(2), 59 (a) of C.G. Excise Act. GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2026.01.17 17:12:04 +0530 2 2. Case of the prosecution, in brief, is that on 08.11.2025 Police officer on the basis of secret information seized a 5 liter jeriken, a two liter plastic bottle, a one liter plastic bottle total 8 bulk liter raw mahua liquor from the possession of applicant/accused, and it is alleged that the liquor was kept for selling and it is in his possession. The present applicant has been arrested by the Police officer and he is in judicial custody since 08.11.2025. 3. Learned counsel for the applicant submits that the applicant has been falsely implicated in this case and 8 bulk liter of raw mahua liquor was not seized from the exclusive possession of the applicant. He further submits that under Section 34(2) of the C.G. Excise Act, minimum punishment is one year and maximum punishment is three years. He also submits that the applicant has two criminal antecedents under the Excise Act, out of which, in one case he has been acquitted and one case is pending, applicant is in jail since 8/11/2025 and the conclusion of the trial is likely to take quite long time. Therefore, he prays for grant of regular bail to the applicant. 4. Learned counsel for the State/non-applicant would oppose the bail application and submit that the charge-sheet has been filed in the present case before the competent Court. She would submit that the applicant has two criminal antecedents under the Excise Act, out of which, in one case he has been acquitted and one case is pending and apart from these two cases, there is one case under the IPC of the year 2024. She further submits that 8 bulk liter of raw mahua liquor was recovered from the possession of the applicant, therefore, he is not entitled for grant of bail. 3 5. I have heard learned counsel appearing 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, he is in jail since 8/11/2025, applicant has two criminal antecedents under the Excise Act, out of which, in one case he has been acquitted and one case is pending and apart from these two cases, there is one case under the IPC of the year 2024, charge-sheet has been filed and further considering the fact that the conclusion of the trial may take some more time, therefore this Court is of the view that the applicant is entitled to be released on bail in this case. 7. Accordingly, the bail application is allowed and it is directed that the applicant - Daulat Ram Sahu, involved in Crime No. 570/2025 registered at Police Station Police Chauki Jobi, P.S. Kharsia, Distt.- Raigarh (C.G.) for the offence punishable under Sections 34(2), 59 (a) 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 4 his counsel. In case of his absence, without sufficient 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 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 send a certified copy of this order to the trial Court for necessary information and compliance forthwith. - Sd/- (Ramesh Sinha) Chief Justice gouri