1 2026:CGHC:25500 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3508 of 2026 Tarun Sao S/o Muni Ram Sao Aged About 38 Years R/o Ward No. 05, Aurda, Tehsil And Police Station Pussore, District- Raigarh Chhattisgarh (As Per Order Sheet) ... Applicant versus State of Chhattisgarh Through District Magistrate Raigarh, Station House Officer, Police Station Pussore , District- Raigarh Chhattisgarh … Non-applicant For Applicant : Mr. Prabhat Kumar Saxena, Advocate. For Non-applicant/State : Ms. Ankita Shukla, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 22.06.2026 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. 87/2026, registered at Police Station - Pussore, District – Raigarh (C.G.) for the offence punishable under Sections 34(2) and 59 क of the C.G. Excise Act. 2. The case of the prosecution is that on 23.03.2026, Assistant Sub- Inspector Manmohan Bairagi, who was posted at Police Station Pusaur, allegedly recovered a total of 5.480 bulk litres of hand-brewed Mahua ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2026.06.23 10:37:29 +0530 2 liquor from the possession of the accused in the presence of witnesses. In connection with the aforesaid incident, Crime No. 87/2026 under Sections 34(2) and 59(a) of the Excise Act has been registered against the accused at Police Station Pusaur, and the matter was taken up for investigation. During the course of the investigation, the accused was arrested on 23.03.2026 and has been in judicial custody since then. 3. Learned counsel for the applicant submits that the applicant has been falsely implicated in the present case. He submits that although the applicant has three criminal antecedents, he has already been acquitted in all three cases, and the same has been mentioned in Paragraph 4A of the present bail application. He further submits that under Section 34(2) of the Excise Act, the minimum prescribed punishment is one year and the maximum prescribed punishment is three years. The applicant has been in custody since 23.03.2026, and the trial is likely to take considerable time to conclude. Therefore, he prays for the grant of bail to the applicant. 4. On the other hand, learned counsel for the State opposes the bail application and submits that the charge-sheet has already been submitted in the present case. 5. I have heard learned counsel for the parties and perused the case-diary. 6. Considering the facts and circumstances of the case, the nature and gravity of the allegations levelled against the applicant, and the fact that although the applicant has three criminal antecedents, he has already been acquitted in all three cases, as mentioned in Paragraph 4A of the present bail application, and further considering that the charge-sheet has been filed, the applicant has been in custody since 23.03.2026, and the conclusion of the trial is likely to take some time, this Court is inclined 3 to grant regular bail to the applicant. 7. Let applicant, Tarun Sao, involved in Crime No. 87/2026, registered at Police Station - Pussore, District – Raigarh (C.G.) for the offence punishable under Sections 34(2) and 59 क of the 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 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 4 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 provide a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Abhishek