1 2026:CGHC:24707 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5295 of 2026 1 - Smt. Kiran Ratre W/o Late Shri Prakash Ratre Aged About 33 Years R/o Village Pachari, Thana- Patewa, Distt. Mahasamund, Chhattisgarh. 2 - Vinod Markande S/o Shri Chhagan Lal Markande Aged About 20 Years R/o Village Pachari, Thana- Patewa, Distt. Mahasamund, Chhattisgarh. 3 - Vijay Markande S/o Shri Chhagan Lal Markande Aged About 24 Years R/o Village Pachari, Thana- Patewa, Distt. Mahasamund, Chhattisgarh. ... Applicants versus State Of Chhattisgarh Through The Station House Officer, Police Station Patewa, District – Mahasamund (C.G.) ... Non-applicant For Applicants : Mr. Sunil Sahu, Advocate. For Non-applicant/State : Ms. Ritika Verma, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 18.06.2026 1. The applicants have preferred this First Bail Application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as they have been arrested in connection with Crime No. 37/2026, registered at Police Station Patewa, District – Mahasamund (C.G.) for the offence punishable under Sections 34(2) of the Chhattisgarh Excise Act. 2. The case of the prosecution, is that the Police of Police Station – Patewa, District – Mahasamund (C.G.) has received a secret information through the informant and on the basis of such information RAJSHEKHAR SONI Digitally signed by RAJSHEKHAR SONI 2 the Police has seized a total of 76.560 liters of liquor from the possession of the applicants. Thereafter, the applicants had been arrested by the Police and the offence was registered. 3. It is argued by the learned counsel for the applicant that the applicants are innocent and have been falsely implicated in this case. It is further submitted that there is no criminal antecedents registered against applicant No.1, and there are 3 criminal antecedents of the applicant No.2 out of which only one under the BNS is pending, and there are 3 criminal antecedents of the applicant No.3 out of which 2 under the Excise Act are pending. It is further submitted that the charge-sheet has been filed in this case. He further submits that under Section 34(2) of the Excise Act, minimum punishment is one year and maximum punishment is three years. The applicants are in jail since 18.05.2026, 11.04.2026 and 11.04.2026 and trial is likely to take some time for its conclusion, therefore, he prays for grant of bail. 4. On the other hand, the learned State counsel opposes the bail application and submits that there are 3 criminal antecedents of the applicant No.2 and there are 3 criminal antecedents of the applicant No.3 out of which 2 under the Excise Act are pending, and the charge- sheet has been filed in this case. It is further submitted that a total of 76.560 liters of liquor has been seized from the possession of the applicants, therefore, they are not entitled for grant of bail. 5. I have heard learned counsel for the parties and perused all of the documents available on record. 6. Taking into consideration the facts and circumstances of the case, and 3 from the perusal of the case diary, it is prima facie evident that there are 3 criminal antecedents of the applicant No.3 out of which 2 under the Excise Act are pending, for which no any plausible explanation has been given, he is a habitual offender and he has misused the bail granted to him earlier, and also in light of the judgment rendered by the Supreme Court in Deepak Yadav v. State of Uttar Pradesh & Another, reported in (2022) 8 SCC 559, wherein the Hon’ble Supreme Court had cancelled the bail granted to the accused therein on the ground that the accused had previous antecedents. Therefore, this Court is not inclined to grant bail to the applicant No.3. 7. Accordingly, this bail application of applicant No.3 – Vijay Markande, involved in Crime No. 37/2026, registered at Police Station Patewa, District – Mahasamund (C.G.) for the offence punishable under Sections 34(2) of the Chhattisgarh Excise Act, is rejected at this stage. 8. So far as the case of the applicant No.1 and applicant No.2 is concerned, the charge-sheet has been filed before the trial Court, and there is no criminal antecedents registered against applicant No.1, and there are 3 criminal antecedents of the applicant No.2 out of which only one under the BNS is pending, and they are in jail since 18.05.2026 and 11.04.2026, the conclusion of the trial is likely to take quite long time, hence, this Court is of the view that the applicant Nos. 1 and 2 are entitled to be released on bail in this case. 9. Let applicant Nos. 1 and 2 - Smt. Kiran Ratre and Vinod Markande, involved in Crime No. 37/2026, registered at Police Station Patewa, District – Mahasamund (C.G.) for the offence punishable under Sections 34(2) of the Chhattisgarh Excise Act, be released on bail on 4 his 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 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 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. 10. Office 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 Rajshekhar