1 / 3 2026:CGHC:25214 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5369 of 2026 • Dev Prasad Shrivas S/o Shri Purushottam Shrivas, Aged About 36 Years R/o Village - Tumidih, P. S. Punjipathra, District - Raigarh (C.G.) ... Applicant versus • State Of Chhattisgarh Through The Station House Officer, Police Station Punjipathra, Distt. Raigarh (C.G.) ... Respondent For Applicant : Ms. Sakshi Singh Thakur, Advocate For Respondent-State : Mr. Atanu Ghosh, Dy. Govt. Advocate Hon'ble Shri Parth Prateem Sahu, Judge ORDER ON BOARD 19/06/2026 1. Applicant has filed this second bail application under Section 483 of Bhartiya Nagrik Suraksha Sanhita, 2023 for grant of regular bail as he has been arrested in connection with Crime No. 93/2026 registered at Police Station – Punjipathra, District Raigarh (C.G.) for offence punishable under Section 34(2) and 59(a) of the C.G. Excise Act. 2. Case of prosecution in brief is that on 03.05.2026 when police persons was on patrolling duty they received secret information that applicant is in illegal possession of hand made mahua liquor. On the basis of said information, police reached on the spot and during search seized two jerrycans with 15 bulk litter each of handmade mahua liquor from the house of applicant. Based on the seizure, crime was registered and applicant was arrested. PAWAN KUMAR JHA Digitally signed by PAWAN KUMAR JHA Date: 2026.06.19 17:43:56 +0530 2 / 3 3. Learned counsel for applicant submits that the applicant is innocent and has been falsely implicated in the instant case. Other inmates also reside in the house from where liquor was seized. There is no criminal antecedents of applicant, he is in jail since 03.05.2026. Offence is triable by Judicial Magistrate First Class, charge-sheet has been filed, trial may take some time and therefore, he may be released on bail. 4. On the other hand, learned State counsel opposes the submission of learned counsel for applicant and would submit that seizure of handmade liquor is from the house of applicant. However, upon putting query, he fairly submitted that in the case diary, there is no mention of any other criminal antecedent against applicant and has not disputed the fact that charge-sheet has been filed. 5. I have heard learned counsel for the parties. 6. Taking into consideration, facts and circumstances of the case, nature of allegation, submission of learned counsel for the parties, and the fact that applicant is a first offender as also that investigation is complete and charge- sheet has been filed, without commenting anything on merits of the case, I am inclined to allow this bail application. 7. Accordingly, bail application is allowed. It is directed that the applicant shall be released on regular bail, upon furnishing a bail bond in the sum of ₹ 25,000/- with one surety in like sum to the satisfaction of the Court on the conditions that- (a) 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. (b) The applicant shall remain present before the trial court on each date fixed, either personally or through him counsel. In case of him absence, without sufficient cause, the trial court may proceed against him under Section 269 of Bharatiya Nyaya Sanhita. 3 / 3 (c) 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. (d) 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. 8. Office is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Parth Prateem Sahu) pwn JUDGE