1 2026:CGHC:19396 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 1415 of 2026 Satish Kumar Banothe S/o Prahlad Banothe Aged About 34 Years R/o Ward No. 02, Mohatola Post Kanwarbandh, P.S. Salekasa District- Gondiya (Maharastra) ... Applicant versus State of Chhattisgarh Through Excise Circle Dongargarh, District- Rajnandgaon (C.G.) ... Non-applicant For Applicant : Dr. Shiv Kumar Shrivastava, Advocate. For Non-applicant/State : Ms. Smriti Shrivastava, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 27.04.2026 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. P/8/No. 146/2025, registered at Police Excise Circle Dongargarh, District Rajnandgaon, (C.G.) for the offence punishable under Section 34(2), 36 and 59 (A) of the C.G. Excise Act. 2. As per the prosecution case, in brief, on 17.12.2025, during routine patrolling, the Excise Police received credible information that the accused, along with another person (co-accused Saroj Kumar Banothe), ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2026.04.28 11:04:11 +0530 2 was transporting foreign liquor in a white Mahindra Scorpio car bearing registration No. MP-09-BC-3962 from the State of Madhya Pradesh. Acting upon the said information, the accused persons were intercepted and apprehended at Bortalab Road. Due to urgency and lack of sufÏcient time, they were detained without a warrant. Upon search of the said vehicle, 180 bulk litres of foreign liquor, packed in 20 cartons, each carton containing 50 bottles of Goa Whisky manufactured in Madhya Pradesh, was recovered from their possession. The said liquor was allegedly being transported illegally in an area where its possession and transportation are neither permitted nor authorised under law. Accordingly, the seized liquor and the vehicle were taken into custody, and a case was registered against the accused persons for committing non-bailable offences under Sections 34(2), 36, and 59(a) of the Chhattisgarh Excise Act, 1915. After completion of the investigation, the final report has been filed before the learned Judicial Magistrate First Class, Dongargarh, for cognizance and trial of the accused. 3. It is argued by the learned counsel for the applicant that the applicant is falsely implicated in this case. He also submits that the present applicant has no criminal antecedents. He further submits that under Section 34(2) of the Excise Act, minimum punishment is one year and maximum punishment is three years, and the applicant is in jail since 17.12.2025 and the trial is likely to take some time for its conclusion, therefore, he prays for grant of regular bail to the present applicant. 4. On the other hand, the learned State counsel opposes the bail application and also endorse the submissions made by the learned counsel for the applicant that the present applicant has no criminal antecedents and submits that the charge-sheet has already been filed before the competent Court. 3 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, nature and gravity of allegation levelled against the applicant and the fact that the applicant has no previous antecedents and also considering the fact that the charge-sheet has been filed and he is in jail since 17.12.2025 and conclusion of the trial is likely to take some time, therefore, I am inclined to grant regular bail to the present applicant. 7. Let applicant, Satish Kumar Banothe, involved in Crime No. P/8/No. 146/2025, registered at Police Excise Circle Dongargarh, District Rajnandgaon, (C.G.) for the offence punishable under Section 34(2), 36 and 59 (A) 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 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 4 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 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