1 2026:CGHC:2587 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 9607 of 2025 Santram Bariha S/o Boloram Bariha Aged About 32 Years R/o Village- Kesharpur, P.S. Basna, District - Mahasamund (C.G.) ... Applicant versus State Of Chhattisgarh Through- Excise Circle- Basna District- Mahasamund (C.G.) ... Non-applicant For Applicant : Mr. Siddharth Rathod, Advocate. For Non-applicant/State : Mr. Sourabh Sahu, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 15.01.2026 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 applicant who has been arrested in connection with Crime No. 166/2025, registered at Police Station Excise Circle - Basna District- Mahasamund (C.G.) for the offence punishable under Section 34(2) of the C.G. Excise Act. 2. The prosecution case in brief is that on 15.10.2025, during routine patrolling, the team of Excise Circle, Basna received secret information from a mukhbir that the applicant was illegally storing and VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2026.01.16 12:05:20 +0530 2 selling country-made liquor, whereupon the excise officials conducted a raid at the house of the applicant and, in the presence of witnesses, seized two plastic bags from his possession containing a total of 40 bulk litres of hand-made Mahua liquor, which was allegedly kept for the purpose of sale; on the basis of the said recovery, Crime No. 166/2025 was registered by Excise Circle–Basna, District Mahasamund (C.G.) against the applicant for the offence punishable under Section 34(2) of the Chhattisgarh Excise Act, alleging that the applicant was involved in illegal possession and intended sale of the seized liquor. 3. 3. It is argued by the learned counsel for the applicant that the applicant is falsely implicated in this case, he further submits that as the essential ingredients of the said provision are not fulfilled to attract criminal liability against him; there is no independent witness to prove the alleged seizure of liquor, and thus no prima facie case is made out against the applicant; the allegations have been levelled with mala fide intention merely to malign and disrepute the applicant, as he was never in illegal possession of the alleged liquor and has been roped in the present case only on the basis of suspicion and conjectures, without any cogent material; moreover, there are vital contradictions and omissions in the statements of the prosecution witnesses, which clearly weaken the prosecution case; no offence is therefore made out against the applicant, and his release on bail would not defeat the ends of justice; the learned Court below failed to appreciate that the applicant is the sole bread earner of his family and his continued incarceration is causing irreparable hardship to his dependents; further, the Investigating Officer has not complied with the mandatory provisions of law during search and investigation, thereby vitiating the entire proceedings; the applicant has been languishing in jail since 15.10.2025 and, in these 3 circumstances, deserves to be enlarged on bail. 4. On the other hand learned State counsel opposes the bail application of the present applicant and submits that the charge-sheet has been filed in the present case. 5. I have heard learned counsel for the parties and perused the case- diary. 6. Considering the facts and circumstances of the case, the nature and gravity of the offence levelled against the present applicant, and also taking into account that the applicant has no criminal antecedent, that the charge-sheet has been filed before the competent Court, and the applicant has been in judicial custody since 15.10.2025, and that the conclusion of the trial may take some more time, this Court is of the considered opinion that the applicant is entitled to be released on bail in the present case. 7. 7. Let applicant, Santram Bariha, involved in Crime No.166/2025, registered at Police Station Excise Circle - Basna District- Mahasamund (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 local 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 him under 4 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 provide a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice vaibhav