1 2026:CGHC:14084 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 1762 of 2026 1 - Yadram Jangade S/o Gendram Jangade, Aged About 25 Years R/o Village Khurdarha, Bundelabhantha, P.S. Bhawanpur, District- Mahasamund (C.G.) 2 - Om Tandon S/o Jagdish Tandon, Aged About 20 Years R/o Village Khurdarha, Bundelabhantha, P.S. Bhawanpur, District- Mahasamund (C.G.) ... Applicant(s) versus State Of Chhattisgarh Through Station House OfÏcer, Police Station Saraipali, District- Mahasamund (C.G.) ... Non-Applicant(s) For Applicants : Mr. Ajay Kumar Chandra, Advocate For Non-Applicant/State : Mr. Shubham Bajpai, 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. 28/2026 registered at Police Station- Saraipali, 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. Prosecution story in brief is that on 26.01.2026, during routine patrolling, the police of Police Station Saraipali received a secret information from an informant that two persons were coming from Sagarapali towards Saraipali on a sold Bajaj Pulsar motorcycle without number plate carrying illicit mahua liquor for the purpose of illegal sale, acting upon the said information, the police party reached near Balsi culvert on Sarsiwa Road and laid a trap and after some time, intercepted a motorcycle matching the description, upon which two persons were found who disclosed their names as Yadram Jangde and Om Tandon, residents of Bundelabhantha, after obtaining their consent for search and in presence of witnesses, a white plastic sack was recovered from their possession containing one packet wrapped in white polythene, which on examination was found to contain 25 litres of country- made mahua liquor, on being served notice under Section 94 BNSS and asked to produce valid documents regarding possession and transportation of the said liquor, the accused persons failed to produce any such document and gave it in writing, consequently, the seized liquor was duly confiscated, sealed and upon preliminary examination found to be illicit mahua liquor. Therefore, the aforesaid offence was registered against the accused persons. 3. Learned counsel for the applicants submit that the applicants are innocent and they have been falsely implicated in this case. He further submits that the said liquor has not been recovered from the possession of the applicants as the same has been recovered from 3 the open place. 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 27.01.2026 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 joint possession of the applicants i.e. 25 liters of country made mahua 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 joint possession of the applicants i.e. 25 liters of country made mahua liquor and further they are in jail since 27.01.2026 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 – Yadram Jangade and Om Tandon, involved in Crime No. 28/2026 registered at Police Station- Saraipali, 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