1 2026:CGHC:10315 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 1995 of 2026 Dhaneshwar Sinha S/o Sumran Sinha Aged About 26 Years R/o Village- Saloni, Police Station- Keregaon, District Dhamtari (C.G.) ... Applicant versus State of Chhattisgarh Through The Station House OfÏcer of Police Station- Keregaon, District Dhamtari (C.G.) ... Non-applicant For Applicant : Mr. Sanjeev Kumar Sahu, Advocate. For Non-applicant/State : Mr. Shubham Bajpai, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 27.02.2026 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. 27/2025, registered at Police Station Keregaon, District – Dhamtari (C.G.) for the offence punishable under Section 34(2) of the C.G. Excise Act. 2. Brief facts of the prosecution case, as reflected from the order of the learned Court below, are that on 25.12.2025, the ofÏcials of Police Station Keregaon, District Dhamtari, Chhattisgarh, received secret information that the present applicant was selling illegal liquor concealed in his house. Acting upon the said information, the police party conducted ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2026.02.28 10:40:37 +0530 2 a raid at the applicant’s house and seized a total quantity of 270 bulk litres of handmade liquor from his possession. Accordingly, Police Station Keregaon registered an offence punishable under Section 34(2) of the Excise Act, 1915, and the applicant was arrested in connection with the said offence. 3. Learned counsel for the applicant submits that the applicant has been falsely implicated in the present case. He further submits that the applicant has only one criminal antecedent, in which he has already been acquitted. He further submits that 270 bulk litres of handmade liquor were seized from the house of one Tarun Sinha and not from the present applicant. It is also submitted that under Section 34(2) of the Excise Act, the minimum punishment prescribed is one year and the maximum punishment is three years. The applicant has been in custody since 25.12.2025, and the trial is likely to take considerable time to conclude. Therefore, a prayer is made for the grant of regular bail to the applicant. 4. On the other hand, the learned State counsel opposes the bail application and submits that the charge-sheet has already been filed before the competent Court. 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, the nature and gravity of the allegations levelled against the applicant, and the fact that the applicant has only one criminal antecedent in which he has already been acquitted and further considering that 270 bulk litres of handmade liquor were seized from the house of one Tarun Sinha and not from the present applicant, the charge-sheet has already been filed, and that the applicant has been in custody since 25.12.2025, and that the conclusion of the trial is likely to take some time, I am inclined to grant 3 regular bail to the present applicant. 7. Let applicant, Dhaneshwar Sinha, involved in Crime No. 27/2025, registered at Police Station Keregaon, District – Dhamtari (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. (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 4 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