1 2026:CGHC:22075 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3696 of 2026 Bhagirathi Patel S/o Manbodh Patel Aged About 65 Years R/o Village Pardhiyapali, Dipapara, P.S. Dongripali, Distt. Sarangarh Bilaigarh, Chhattisgarh. ... Applicant versus State Of Chhattisgarh Through Station House OfÏcer, P.S. Singhoda, Distt. Mahasamund, Chhattisgarh. ... Non-applicant For Applicant : Mr. Atul Kumar Kesharwani, Advocate For State/Non-applicant : Ms. Palak Dwivedi, P.L. 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 Bharatiya Nagarik Suraksha Sanhita (BNSS) for grant of regular bail, as he has been arrested in connection with Crime No.32/2026, registered at Police Station: Singhoda, District-Mahasamund (C.G.) for the offence ARPAN SRIVASTAVA Digitally signed by ARPAN SRIVASTAVA Date: 2026.05.12 20:06:35 +0530 2 punishable under Sections 34(2) of the Chhattisgarh, Excise Act. 2. The prosecution case, in brief, is that on 25.03.2026, the present applicant was found transporting 20 bulk liters of country-made liquor in his electric vehicle, which was kept in a white plastic container. Upon search and seizure, the applicant failed to produce any valid licence or authority for transportation of the said liquor. Consequently, FIR bearing Crime No.32/2026 was registered against the applicant for the offence punishable under Section 34(2) of the C.G. Excise Act and he was arrested on the same day. Investigation into the matter is presently underway. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case and no prima facie case is made out against him. It is further submitted that the alleged seizure is doubtful in nature and there is no credible evidence connecting the applicant with the alleged offence. The applicant is an old aged person and is in judicial custody since 25.03.2026, therefore, his continued incarceration would adversely affect his health. It is also submitted that the applicant has no criminal antecedents, 3 hence, he may be enlarged on bail. 4. That, per contra, learned State counsel opposes the bail application and submits that a total quantity of 20 bulk liters of country-made liquor has been seized from the possession of the applicant while he was allegedly transporting the same illegally in his electric vehicle. It is further submitted that the offence alleged against the applicant is serious in nature and sufÏcient incriminating material is available on record connecting him with the commission of the offence. Learned State counsel further submits that the charge-sheet has already been filed and the applicant is in judicial custody since 25.03.2026. Therefore, looking to the nature and gravity of the offence, it is submitted that the applicant is not entitled to be released on bail. 5. I have heard learned counsel for the parties and perused the material available on record. 6. Considering the facts and circumstances of the case, the nature and gravity of the allegations levelled against the applicant, the fact that the applicant has no criminal antecedents, the period of detention undergone by him since 4 25.03.2026 and the charge sheet has been filed further considering that the alleged recovery pertains to 20 bulk liters of country-made Mahua liquor, I am inclined to allow the present bail application. 7. Accordingly, the application is allowed. Let applicant- Bhagirathi Patel, involved in Crime No.32/2026, registered at Police Station: Singhoda, District-Mahasamund (C.G.) for the offence punishable under Sections 34(2) of the Chhattisgarh, Excise Act, be released on bail on his furnishing a 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 them under Section 269 of Bharatiya Nyaya Sanhita. (iii) In case, the applicant misuses the liberty of 5 bail during trial and in order to secure his presence proclamation under Section 84 of Bharatiya Nyaya Sanhita 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 Section 209 of 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. Sd/- (Ramesh Sinha) Chief Justice Arpan