1 2026:CGHC:23889 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3152 of 2026 Laxmi Prasad S/o Ganesh Ram Aged About 19 Years R/o Hardi, PS Sakti, District - Sakti C.G. ... Applicant versus The State Of Chhattisgarh Through SHO, PS Sakti, District - Sakti C.G. ... Respondent For Applicant : None. For Respondent/State : Ms. Sameeksha Gupta, PL. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 15/06/2026 1. Heard on application for permission to withdraw of the change of counsel in MCRC No. 3152 of 2026 alongwith withdraw of vakalatnama/power. 2. On due consideration, same is allowed. 3. None appears nor is any representation made on behalf of the applicant to press this bail application when the case is called out. 4. It transpires from the record that the applicant is in jail since GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2026.06.16 17:39:02 +0530 2 21/03/2026. Hence, the Court proceeds to consider and hear the bail application of the applicant with the assistance of the State counsel. 5. This is the first bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) for grant of regular bail to the applicant who has been arrested in connection with Crime No.132/2026 registered at Police Station Sakti, District - Sakti (C.G.) for the offence punishable under Sections 34(2), 42 of the Excise Act (in the impugned order, appearing on page no 5, section 42 has been inadvertently omitted.) 6. Case of the prosecution, in brief, is that on 21-03-2026, based on the information received by the police, the raid was conducted and the police recovered 10 liters of Mahua Liquor from the possession of the present applicant. Further the police seized additional 40 liters of Mahua Liquor from other 02 co-accused persons namely Badal Khunte (20 litres seized) and Hunesh Banjare (20 Liters seized) total quantity seized by the police was 50 liters. 7. Learned State counsel opposes the bail application but admits that the charge-sheet has been filed and the applicant has no criminal antecedents. She further submits that 10 liters of Mahua Liquor was recovered from the possession of the present applicant and additional 40 liters of Mahua Liquor from other 02 co-accused persons namely Badal Khunte (20 litres seized) and Hunesh Banjare (20 Liters seized) total quantity seized by the police was 50 liters, therefore, applicant is not entitled for grant of bail. 8. I have perused the case diary. 9. Taking into consideration the facts and circumstances of the case, 3 nature of allegation levelled against the applicant, period of detention of the applicant since 21/03/2026, charge sheet has been filed, applicant has no criminal antecedents and also considering the fact that trial is likely to take some time for its conclusion, therefore this Court is of the view that the applicant is entitled to be released on bail in this case. 10. Accordingly, the bail application is allowed and it is directed that the Applicant- Laxmi Prasad, involved in Crime No.132/2026 registered at Police Station Sakti, District - Sakti (C.G.) for the offence punishable under Sections 34(2), 42 of the 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 sufficient 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 4 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. 11. Office is directed to send a certified copy of this order to the trial Court for necessary information and compliance. Sd/- (Ramesh Sinha) CHIEF JUSTICE gouri