1 CGHC010209562026 2026:CGHC:28610 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR M.Cr.C No. 4903 of 2026 Himanshu Sinha S/o Shri Fagulal Sinha Aged About 22 Years By Caste - Kalar, Resident Of Village - Diwanbhedi, Police Out Post - Tumdibod, Police Station - Lalbagh, District - Rajnandgaon (C.G.) --- Applicant versus State Of Chhattisgarh Through Police Officer Of Police Out Post - Chichola, Police Station - Chhuriya, District - Rajnandgaon (C.G.) --- Non-applicant _____________________________________________________ For Applicant :Mr. Khilendra Sahu, Advocate. For Non-applicant/State :Ms. Smriti Shrivastava, PL. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 09.07.2026 1. The Applicant has preferred this 1st Bail Application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, SISTLA NEELIMA VISHNU PRIYA Digitally signed by SISTLA NEELIMA VISHNU PRIYA Date: 2026.07.10 13:01:09 +0530 2 2023 for grant of regular bail, as he has been arrested in connection with Crime No.82/2026 registered at Police Station – Chhuriya, District Rajnandgaon (C.G.), for the offence under Section 34(2) of the Excise Act. 2. Briefly stated, case of the prosecution is that on 03.05.2026, during patrolling duty, the police personnel of Outpost Chichola, Police Station Chhuriya, District Rajnandgaon (C.G.), received secret information regarding illegal transportation of liquor by the Applicant on a Pulsar motorcycle for the purpose of sale. Acting upon the said information, the police intercepted the Applicant and allegedly recovered 27 bulk litres of country-made liquor from his possession and seized the motorcycle. Based on the aforesaid allegations, the present offence has been registered against the present Applicant. Hence this application. 3. Learned Counsel for the Applicant submits that the Applicant is innocent, he has been falsely implicated in the present case and is behind the bars since 03.05.2026. It is further submitted that no recovery has been made from the conscious and exclusive possession of the Applicant. It is lastly submitted that conclusion of trial is likely to take considerable time, therefore, the Applicant may be granted 3 bail. 4. On the other hand, learned Counsel for the State opposes the bail application and fairly submits that there are no previous criminal antecedents against the present Applicant. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the submissions advanced by learned Counsel for the parties, the nature of allegations, the quantity of liquor allegedly seized, the fact that there is no recovery of liquor from the conscious and exclusive possession of the Applicant, the fact that the Applicant is not having any criminal antecedents and further considering that the Applicant is in jail since 03.05.2026 and the likelihood of the trial taking considerable time for its conclusion, without further commenting anything on the merits of the case, this Court is of the considered opinion that it is a fit case to allow the application. Accordingly, the bail application is allowed. 7. Let Applicant- Himanshu Sinha involved in Crime No. 82/2026 registered at Police Station – Chhuriya, District Rajnandgaon (C.G.), for the offence under Section 34(2) of the 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 4 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 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 Priya