1 CGHC010211452026 2026:CGHC:28648 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 4985 of 2026 • Chandrakumar Verma S/o Ramlal Verma, Aged About 30 Years R/o Village Baihatola, Police Station And Tehsil Khairagarh, District Khairagarh Chhuikhadan Gandai, Chhattisgarh. ... Applicant(s) versus • State of Chhattisgarh Through The S H O, Police Station Khairagarh, District Khairagarh Chhuikhadan Gandai, Chhattisgarh. ... Respondent(s) For Applicant(s) : Mr. Siddharth Pandey, Advocate For Respondent(s) : Ms. Ankita Shukla, Panel Lawyer Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 09.07.2026 1. The applicant has preferred this First Bail Application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as he has been arrested in connection with Crime No. 192/2026, registered at Police Station – Khairagarh, District – Khairagarh, Chhuikhadan Gandai (C.G.) for the offence punishable under Section 34(2) of C.G. Excise Act. 2. The case of the prosecution, is that on 08.05.2026 at about 11:25 PM, the Assistant Sub-Inspector of the Police Station Khairagarh, along with the staff, was on a routine patrolling duty. During the VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2026.07.09 18:21:49 +0530 2 course of patrolling, secret information was received from an informer that the present applicant was allegedly storing and selling liquor in large quantities from his grocery shop with the intention of earning illegal gain. Acting upon the said information, after verification and compliance of procedural formalities, the police, along with independent witnesses, namely Naresh Nishad and Tuman Verma, proceeded to the spot and conducted a raid. Further, from the grocery shop of the present applicant, one white plastic bag containing 24 quarters of Goa Special Whisky, each bottle containing 180 ml, was allegedly recovered. The total quantity of seized liquor was found to be 27.180 bulk litres, valued at Rs. 13,760/-. Thereafter, notice under section 94 of BNSS, 2023 was served upon the present applicant for the production of documents in relation to seized liquor; however, he allegedly failed to produce any document. Subsequently, seizure proceedings were carried out, and samples were collected for examination. On the basis of the aforesaid, an FIR has been lodged. 3. It is argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in this case and there are two criminal antecedents registered against the present applicant. 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 applicant is in jail since 08.05.2026 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 two criminal antecedents 3 registered against the present applicant, and details of the same are mentioned in additional affidavit filed by the applicant wherein it appears that out of two cases only one case is pending under the Excise Act for its conclusion. She further submits that the charge- sheet has been filed in this case. It is further submitted that a total of 27.180 bulk liters of Goa Whiskey has been seized from the possession of the present applicant, therefore, he is 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, nature and gravity of allegation levelled against the applicant and the fact that there is only one criminal antecedents is pending against the present applicant, charge-sheet has been filed against the applicant and he is in jail since 08.05.2026 and conclusion of the trial is likely to take some time, I am inclined to allow this application. 7. Let applicant, Chandrakumar Verma, involved in Crime No. 192/2026, registered at Police Station – Khairagarh, District – Khairagarh, Chhuikhadan Gandai (C.G.) for the offence punishable under Section 34(2) of 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 4 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. 8. 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 Vaishali