1 CGHC010167062026 2026:CGHC:28494 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3932 of 2026 Dinesh Miri S/o Pawan Aged About 32 Years R/o Indira Colony Kasdol, Police Station Kasdol, District- Balodabazar- Bhatapara (C.G.) ... Applicant(s) versus State Of Chhattisgarh Through The Station House Officer Police Of Police Station Kasdol, District- Balodabazar- Bhatapara (C.G.) ... Non-Applicant(s) For Applicant : Mr. Akhtar Hussain, Advocate. For Non-Applicant/State : Ms. Palak Dwivedi, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 09/07/2026 1. This is the first bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, for grant of regular bail to the applicant, who has been arrested in connection with Crime No. 117/2026 registered at Police Station Kasdol, District Balodabazar-Bhatapara (C.G.), for the offence punishable under Section 34(2) of the Chhattisgarh Excise Act. 2. Case of the prosecution, in brief, is that on 23.03.2026, acting on the basis of secret information received from an informer, the police KUNAL DEWANGAN Digitally signed by KUNAL DEWANGAN 2 conducted a raid and allegedly recovered 5.760 bulk litres of country-made liquor from the possession of the present applicant. The said liquor was seized in accordance with law and, on the basis of the seizure, the present crime was registered against the applicant for the offence punishable under Section 34(2) of the Chhattisgarh Excise Act. During the course of investigation, the applicant was arrested on 23.03.2026 and after completion of the investigation, charge-sheet has been filed before the competent Court. 3. Learned counsel for the applicant submits that the applicant has been falsely implicated in the present case and the alleged liquor has not been recovered from the conscious possession of the applicant, rather, the same was allegedly seized from an open place. He further submits that the applicant has not committed any offence as alleged by the prosecution. He also submits that under Section 34(2) of the C.G. Excise Act, minimum punishment is one year and maximum punishment is three years and the applicant has been in judicial custody since 23.03.2026, the investigation has been completed and charge-sheet has already been filed before the competent Court. It is further submitted that though one criminal case, namely Crime No. 609/2023 under Section 34(2) of the Chhattisgarh Excise Act, is pending against the applicant, the said antecedent has been duly explained in paragraph 4(A) of the present bail application. He submits that no further custodial interrogation of the applicant is required and the conclusion of the trial is likely to take considerable time. Therefore, it is prayed that 3 the applicant be enlarged on regular bail. 4. On the other hand, learned State counsel opposes the prayer for grant of bail and submits that the charge-sheet has already been filed before the competent Court. She further submits that the applicant has one previous criminal antecedent of a similar nature, namely Crime No. 609/2023 registered under Section 34(2) of the Chhattisgarh Excise Act, which is still pending for trial and the same has been explained by the counsel for the applicant in paragraph 4(A) of the present bail application, considering the previous criminal antecedent and the material collected during the course of investigation, the applicant is not entitled to be released on 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, the fact that the applicant has one previous criminal antecedent of similar nature of the year 2023, which is still pending and the same has been explained in the bail application of para 4(A) and in the present case, charge-sheet has been filed before the competent Court further he is in jail since 23.03.2026 and the quantity of liquor seized from the possession of the applicant i.e. 5.760 bulk liters of country made liquor and the conclusion of the trial will take some more time, this Court is of the view that the present applicant is entitled to be released on bail in this case. 7. Accordingly, the bail application of the applicant is allowed. 8. Let the applicant – Dinesh Miri, involved in Crime No. 117/2026 4 registered at Police Station Kasdol, District Balodabazar-Bhatapara (C.G.), for the offence punishable under Section 34(2) of the Chhattisgarh 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, 5 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. 9. Office is directed to send a certified copy of this order to the trial Court for necessary information and compliance. directed to send a certified copy of this order to the trial Court fo forthwith. - S/- Sd/- (Ramesh Sinha) Chief Justice Kunal