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2026 DAILYLAW 26009 (CHH)

BHAGWAT PRASAD KOSHLEY v. STATE OF CHHATTISGARH

MCRC/4953/2026 · 2026-07-08

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Judgment text

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1 CGHC010211852026 2026:CGHC:28627 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR M.Cr.C No.4953 of 2026 Bhagwat Prasad Koshley S/o Ram Khilawan Aged About 38 Years R/o Village Parsada, Ward No. 05, P. S. And Tahsil Bilha Distt. Bilaspiur (C.G.) ... Applicant versus State Of Chhattisgarh Through P. S. Sargaon, District - Mungeli (C.G.) ... Non-applicant For Applicant :Mr. Devesh Verma, Advocate. For Non-applicant/State :Mr. Shailendra Sharma, PL. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 09.07.2026 1. This is the 1st bail application filed under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the Applicant who has been arrested in connection with SISTLA NEELIMA VISHNU PRIYA Digitally signed by SISTLA NEELIMA VISHNU PRIYA Date: 2026.07.11 16:53:05 +0530 2 Crime No.78/2026 registered at Police Station – Sargaon, District- Mungeli (C.G.), for the offences under Sections 34(2) and 59(A) of Excise Act. 2. Brief facts of the case are that upon receiving secret information on 23.04.2026, the police party reached the spot and intercepted the Applicant and co-accused namely Pamlesh Bhaskar, who were coming in a three-wheeler Honda Activa. Upon conducting search, 5.400 bulk litres of country-made liquor was seized from the possession of the Applicant and 6.300 bulk litres of country-made and foreign liquor was seized from the possession of co-accused Pamlesh Bhaskar. Based on the aforesaid allegations, the police registered the offences as mentioned above against the present Applicant. Hence, this application. 3. Learned Counsel for the Applicant submits that the Applicant is innocent and has been falsely implicated in the present case. He further submits that the quantity of liquor allegedly seized from the Applicant is small, he is in custody since 23.04.2026 and that the trial is likely to take considerable time for its conclusion, therefore, he may be enlarged on regular bail. 4. On the other hand, learned State Counsel opposes the bail application and submits that the Applicant has five previous 3 criminal antecedents, out of which, four cases pertain to offences under the Excise Act and three cases are presently pending, therefore, it is prayed that the bail application may be rejected. 5. Considering the submissions advanced by learned Counsel for the parties, the nature of allegations, the quantity of liquor allegedly seized from the Applicant, the fact that the Applicant has criminal antecedents and three cases are pending against him and without expressing any opinion on the merits of the case, this Court is not inclined to grant regular bail to the present Applicant. 6. Accordingly, the bail application of the applicant – Bhagwat Prasad Koshley involved in Crime No. 78/2026 registered at Police Station – Sargaon, District- Mungeli (C.G.), for the offences under Sections 34(2) and 59(A) of Excise Act is hereby rejected. 7. Office is directed to send a certified copy of this order to the trial Court concerned for necessary information. Sd/- (Ramesh Sinha) Chief Justice Priya