1 CGHC010158132026 2026:CGHC:28495 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3928 of 2026 Vinod Loniya S/o Shri Pusau Ram Aged About 32 Years R/o Stationpara Ghutku P.S. Koni District Bilaspur Chhattisgarh ... Applicant(s) versus State Of Chhattisgarh Through S.H.O. Koni Bilaspur District Bilaspur Chhattisgarh ... Non-Applicant(s) For Applicant : Mr. Nikhil Kumar Pandey, Advocate For Non-Applicant/State : Ms. Ankita Shukla, 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. 115/2026 registered at Police Station Koni, District Bilaspur (C.G.), for the offence punishable under Section 34(2) of the Chhattisgarh Excise Act. 2. Case of the prosecution, in brief, is that during the course of patrolling and search, the police allegedly recovered 35 bulk litres of KUNAL DEWANGAN Digitally signed by KUNAL DEWANGAN 2 hand-made Mahua liquor from a house, which, according to the prosecution, belonged to 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 24.03.2026 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 this case and said liquor was not seized from the conscious possession of the applicant. 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 is in jail since 24.03.2026 and he has no criminal antecedent and in the present case, charge-sheet has been filed before the competent Court and the conclusion of the trial is likely to take quite long time. Therefore, he prays for grant of regular bail to the applicant. 4. On the other hand, learned Panel Lawyer, appearing 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. She further submits that the applicant has no previous criminal antecedent however, the quantity of liquor seized from the possession of the applicant i.e. 35 bulk liters of handmade mahua liquor, therefore, he is not entitled for grant of bail. 5. I have heard learned counsel appearing for the parties and perused 3 the case diary. 6. Taking into consideration the facts and circumstances of the case, the fact that there is no criminal antecedent of the present applicant and in the present case, charge-sheet has been filed before the competent Court further he is in jail since 24.03.2026 and the quantity of liquor seized from the possession of the applicant i.e. 35 bulk liters of country made mahua 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 – Vinod Loniya, involved in Crime No. 115/2026 registered at Police Station Koni, District Bilaspur (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 4 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. 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