1 2026:CGHC:14087 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 1733 of 2026 1 - Santuram Kamar S/o Shri Jagannath Kamar Aged About 35 Years R/o - Khallari, Police Station Khallari, Tehsil Bagbahara, District - Mahasamund, Chhattisgarh 2 - Ramcharan Kamar S/o Shri Sundar Kamar Aged About 28 Years R/o - Khallari, Police Station Khallari, Tehsil Bagbahara, District - Mahasamund, Chhattisgarh ... Applicant(s) versus State Of Chhattisgarh Through - Police Station - Police Station Khallari, District - Mahasamund, Chhattisgarh ... Non-Applicant(s) For Applicants : Mr. Virendra Kashyap, Advocate For Non-Applicant/State : Ms. Smriti Shrivastava, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 24/03/2026 1. This is the first bail application filed under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023, for grant of regular bail to the applicants who have been arrested in connection with Crime No. 12/2026 registered at Police Station- Khallari, District- Mahasamund (C.G.), for the offence punishable under Section KUNAL DEWANGAN Digitally signed by KUNAL DEWANGAN 2 34(2) of the Chhattisgarh Excise Act. 2. Case of the prosecution, in brief, is that on 30.01.2026, Head Constable Chetanlal Sinha, while posted at Police Station Khallari, District Mahasamund, during the course of routine rural patrolling, received credible secret information that two persons were illegally in possession of country-made Mahua liquor for the purpose of sale in the forest area of village Dhod, acting upon the said information, the police party, along with staff and independent witnesses, immediately proceeded to the spot and apprehended the present applicants, who were found in joint possession of one blue coloured plastic drum and two white coloured plastic jerrycans, and upon search, it was found that the drum contained 29 litres of country- made Mahua liquor while each of the jerrycans contained 10 litres, thereby making a total recovery of 49 litres of illicit liquor. It is further alleged that the applicants failed to produce any valid licence or authorization for possession or transportation of the said liquor, as a result of which the contraband was seized and sealed in accordance with law, and Crime No. 12/2026 was registered against them at Police Station Khallari, District Mahasamund for the offence punishable under Section 34(2) of the Chhattisgarh Excise Act, 2015, and thereafter, the applicants were arrested on the same day and produced before the competent Court and the investigation in the matter is presently underway. 3. Learned counsel for the applicants submit that the applicants are innocent and they have been falsely implicated in this case. He further submits the alleged recovery has been shown from an open 3 forest area. 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 and the applicants have no previous criminal antecedents and in the present case, charge-sheet has been filed before the competent Court and the applicants are in jail since 30.01.2026 and the conclusion of the trial is likely to take quite long time. Therefore, he prays for grant of regular bail to the applicants. 4. On the other hand, learned Panel Lawyer, appearing for the State/non-applicant opposes the bail application and submits that in the present case, charge-sheet has been filed before the competent Court and so far as the criminal antecedents of the applicants are concerned, the applicants have no criminal antecedents further the quantity of liquor seized from the possession of the applicants i.e. 49 liters of liquor. Accordingly, the present applicants are not entitled for grant of bail. 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 applicants and the fact that in the present case, charge-sheet has been filed before the competent Court and the applicants have no criminal antecedents further the quantity of liquor seized from the possession of the applicants i.e. 49 liters of liquor and further they are in jail since 30.01.2026 and conclusion of the trial is likely to take some time, therefore, I am inclined to grant regular bail to the present applicants. 4 7. Accordingly, the bail application of the applicants is allowed. 8. Let the applicants – Santuram Kamar and Ramcharan Kamar, involved in Crime No. 12/2026 registered at Police Station- Khallari, District- Mahasamund (C.G.), for the offence punishable under Section 34(2) of the Chhattisgarh Excise Act, be released on bail on their furnishing a personal bond with two sureties each, in the like sum to the satisfaction of the Court concerned with the following conditions:- (i) The applicants shall file an undertaking to the effect that they 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 applicants shall remain present before the trial court on each date fixed, either personally or through their counsel. In case of their absence, without sufÏcient cause, the trial court may proceed against them under Section 269 of Bharatiya Nyaya Sanhita. (iii) In case, the applicants misuses the liberty of bail during trial and in order to secure their presence, proclamation under Section 84 of BNSS. is issued and the applicants fail to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against them, in accordance with law, under Section 209 of the 5 Bharatiya Nyaya Sanhita. (iv) The applicants 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 applicants are deliberated 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 them in accordance with law. 9. OfÏce is directed to send a certified copy of this order to the trial Court for necessary information and compliance. dorthwith. - S/- Sd/- (Ramesh Sinha) Chief Justice Kunal