1 CGHC010209752026 026:CGHC:28609 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR M.Cr.C No.4904 of 2026 Raja Banjara S/o Shri Bhola Prasad Banjara Aged About 32 Years R/o Village- Bhalupatera, P.S.- Basna, Distt.- Mahasamund (C.G.) --- Applicant versus The State Of Chhattisgarh Through Station House Officer, Police Station- Basna, Distt.- Mahasamund (C.G.) --- Non-applicant _____________________________________________________ For Applicant :Mr. Sumit Shrivastava, 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 13:01:05 +0530 2 2023 for grant of regular bail, as he has been arrested in connection with Crime No.238/2026 registered at Police Station – Basna, District Mahasamund (C.G.), for the offence under Section 34(2) of the Excise Act. 2. Briefly stated, case of the prosecution is that on 07.05.2026, the police of Police Station Basna, District Mahasamund (C.G.), received secret information that the Applicant had kept country-made liquor in his chicken shop situated at village Jagdishpur. Acting upon the said information, the police conducted a search and allegedly seized 336 quarters of Zipsi liquor, amounting to approximately 64.980 bulk litres. 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 in jail since 07.05.2026. It is further submitted that there is no evidence available on record to establish that the Applicant was in possession of the said liquor, which was allegedly recovered from an open place near the shop of the Applicant. It is lastly submitted that conclusion of trial is likely to take considerable time, therefore, the Applicant may be granted bail. 3 4. On the other hand, learned Counsel for the State opposes the bail application and submits that the Applicant is having four previous criminal antecedents, out of which one pertains to the Excise Act. 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 the alleged seizure was made from the Applicant’s chicken shop and not from his conscious and exclusive possession, the fact that out of four previous criminal antecedents, only one pertains to the Excise Act and further considering that the Applicant is in jail since 07.05.2026 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- Raja Banjara involved in Crime No.238/2026 registered at Police Station – Basna, District Mahasamund (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 4 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 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