1 CGHC010119882026 2026:CGHC:27801 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 2877 of 2026 Avan Sahu S/o Late Bhagat Sahu Aged About 45 Years R/o Purani Basti Tilda, Ward No. 21, District Raipur Chhattisgarh ... Applicant(s) versus State Of Chhattisgarh Through Station House Officer, Police Station Tilda Nevra, District Raipur Chhattisgarh ... Respondent(s) For Applicant(s) : Ms. Khushbu Sahu, Advocate. For Respondent(s) : Ms. Smriti Shrivastava, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 06/07/2026 1. 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. 106/2026 registered at Police Station Tilda Nevra, District Raipur (C.G.), for the offence punishable under Section 34(2) of the C.G. Excise Act. AKHILESH KUMAR DEWANGAN Digitally signed by AKHILESH KUMAR DEWANGAN 2 2. Case of the prosecution, in brief, is on 08.03.2026, during routine patrolling, the Sub-Inspector of Police Station Tilda-Nevra received secret information that the applicant, Avan Sahu, was carrying liquor in a white plastic bag for the purpose of illegal sale and was proceeding from Marchuri Road towards Sasaholi. Acting upon the said information, the police reached the spot, conducted a raid, and apprehended the applicant. Upon search, 60 quarters of Shole Country Made Masala Liquor, each containing 180 ml, having a total quantity of 10.800 bulk litres and valued at Rs.6,600/-, were allegedly recovered from his possession. Consequently, Crime No.106/2026 was registered at Police Station Tilda-Nevra, District Raipur, for the offence punishable under Section 34(2) of the Chhattisgarh Excise Act. Hence, the bail application. 3. Learned counsel for the applicant submits that the applicant has been falsely implicated in this case and 10.800 bulk liters of liquor was not seized from the exclusive possession of the applicant. She further submits that under Section 34(2) of the C.G. Excise Act, minimum punishment is one year and maximum punishment is three years. She also submits that the applicant has two criminal antecedents bearing Crime Nos. 281/2025 and 444/2025 under the Excise Act, out of which, case Crime No.281/2025 has already been disposed of and case Crime No.444/2025 is pending, the applicant is in jail since 08.03.2026 and the 3 conclusion of the trial is likely to take quite long time. Therefore, she prays for grant of regular bail to the applicant. 4. Learned counsel for the State/non-applicant would oppose the bail application and submit that the charge-sheet has been filed in the present case before the competent Court and the applicant has two criminal antecedents. She further submits that 10.800 bulk liters of liquor was recovered from the possession of the applicant, so far as criminal antecedents of the applicant are concerned, the applicant has two criminal antecedents under the Excise Act, therefore, he is not entitled for grant of bail. 5. I have heard learned counsel appearing for the parties and perused the case diary. 6. Taking into consideration the facts and circumstances of the case, nature and gravity of allegation levelled against the applicant and the fact that the applicant has two criminal antecedents bearing Crime Nos. 281/2025 and 444/2025 under the Excise Act, out of which, case Crime No.281/2025 has already been disposed of, further the applicant is in jail since 08.03.2026 and the charge- sheet has been filed, the conclusion of the trial may take some more time, as such, this Court is of the view that the applicant is entitled to be released on bail in this case. 7. Accordingly, the application is allowed. 8. Let the applicant - Avan Sahu, involved in Crime No. 106/2026 registered at Police Station Tilda Nevra, District Raipur (C.G.), for 4 the offence punishable under Section 34(2) of the C.G. 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 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 5 default as abuse of liberty of bail and proceed against him in accordance with law. 9. Office is directed to send a certified copy of this order to the trial Court for necessary information and compliance forthwith. - Sd/- (Ramesh Sinha) Chief Justice Akhil