Extracted from the PDF above. The PDF is authoritative.
1
2026:CGHC:22078
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3390 of 2026 Mayank Singh S/o Mahesh Pratap Singh Aged About 20 Years R/o Village Kachhoud, Police Station And Tahsil Kelhari, District Manendragarh-Chirmiri-Bharatpur Chhattisgarh
... Applicant(s) versus State Of Chhattisgarh Through Excise Inspector, Excise Circle, Manendragarh, District Manendragarh-Chirmiri-Bharatpur Chhattisgarh
... Non-applicant(s) For Applicant : Ms. Gunja Taram, Advocate For Non-applicant/State : Ms. Palak Dwivedi, Panel Lawyer Hon'ble Shri
Ramesh Sinha
, Chief Justice
Order on Board 11.05.2026
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. 169/2026, registered at Police Station : Excise Circle, Manendragarh-Chirmiri-Bharatpur,
District-
Manendragarh- Chirmiri-Bharatpur (C.G.) for the offence punishable under Section 34(1)(A), 34(2), 36 and 59(A) of C.G. Excise Act.
2. The case of the prosecution, in brief, is that the Police of Police KUNAL DEWANGAN Digitally signed by KUNAL DEWANGAN
2 Excise Circle, MCB District- Manendragarh-Chirmiri-Bharatpur (C.G.), received an information from the informant and on the basis of the said information conducted raid and have seized 52.560 bulk liters of English Liquor from the possession of the applicant. Thereafter, Police has registered an offence punishable under Sections 34(1)(A), 34(2), 36 and 59(A) of the C.G. Excise Act against the present applicant and thereafter, arrested him.
3.
Learned counsel for the applicant submits that the applicant has been falsely implicated in this case and the said liquor was not seized from the conclusive possession of the applicant. It is further argued by him that under Section 34(2) of the C.G. Excise Act, minimum punishment is one year and maximum punishment is three years and in the present case, charge-sheet has filed before the competent Court and the applicant is in jail since 28.02.2026 so far as the criminal antecedents of the applicant are concerned, the applicant has total 06 criminal antecedents out of which three cases are under the Istgasha and two cases are under the IPC and one case under the SC/ST Act as the same has been duly explained in the bail application of para 4(A) and the conclusion of the trial is likely to take quite long time. Therefore, he prays for grant of regular bail to the applicant. 4. On the other hand, learned State counsel opposes the prayer for grant of bail to the applicant and submits that, in the present case, the charge-sheet has already been filed before the competent Court. She further submits that the applicant has six criminal antecedents, out of which three cases are under the Istaghasa, two
3 cases are under the IPC, and one case is under the SC/ST Act. Out of these, three cases, including one Istaghasa case, are still pending. She also submits that 52.560 bulk liters of English liquor were seized from the possession of the present applicant and, as such, he is a habitual offender, therefore, he is not entitled to the grant of bail. 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 six criminal antecedents, out of which three cases are under the Istaghasa, two cases are under the IPC, and one case is under the SC/ST Act.
Out of these, three cases, including one Istaghasa case, are still pending as the same has been explained in the bail application of para No.4(A) and also considering the fact that the charge-sheet has been filed before the competent Court and the quantity of liquor seized from the possession of the applicant i.e. 52.560 bulk liters of English liquor and he is in jail since 28.02.2026 and conclusion of the trial is likely to take some time, therefore, I am inclined to grant regular bail to the present applicant. 7. Accordingly, the bail application of the applicant is allowed. 8. Let applicant, Mayank Singh, involved in Crime No. 169/2026, registered at Police Station : Excise Circle, Manendragarh-Chirmiri- Bharatpur, District- Manendragarh-Chirmiri-Bharatpur (C.G.) for the offence punishable under Section 34(1)(A), 34(2), 36 and 59(A) of
4 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 under Section 351 of BNSS. If in the
5 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. 9. OfÏce is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/-
(Ramesh Sinha)
Chief Justice Kunal