1 CGHC010216862026 2026:CGHC:29170 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5126 of 2026 Manoj Shrivas S/o- Jaleshwar Prasad Shrivas Aged About 47 Years R/o- Ward No. 07, Pathak Para Takhatpur, P.S. Takhatpur, District- Bilaspur, Chhattisgarh (In Jail) (Name As Per F.I.R.) ... Applicant versus State Of Chhattisgarh Through The S H O, Police Station Jarhagaon, District- Mungeli, Chhattisgarh. ... Respondent For Applicant : Shri Ashutosh Shukla, Advocate. For Respondent/State : Smt. Smriti Shrivastava, PL. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 10/07/2026 1. This is the first bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) for grant of regular bail to the applicant who has been arrested in connection with Crime No.72/2026 registered at Police Station GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2026.07.13 11:32:53 +0530 2 Jarhagaon, District- Mungeli, Chhattisgarh for the offence punishable under Sections 34(2) and 59(A) of the C.G. Excise Act, 1915. 2. Case of the prosecution, in brief, is that on 15.05.2026, while on patrolling duty, Assistant Sub-Inspector Luv Singh Dhruve received information from an informant that two persons were transporting illicit liquor on a motorcycle. Upon interception near the Jarhagaon-Patharia canal road, a red Bajaj Platina motorcycle (CG 10 EA 7406) driven by the applicant was stopped. The co- accused sitting on the pillion seat, namely Rajesh (Rajesh is also known as Ghoghro Dhuri), was found holding a bag containing 18 quarters of Goa Special English Liquor and 22 quarters of Desi Plain Liquor, totaling 7.200 bulk liters valued at Rs. 3,920/-. The police seized the liquor along with the motorcycle and registered the FIR. 3. Learned counsel for the applicant submits that the applicant has been falsely implicated in this case and 7.200 bulk liters of illicit liquor was not seized from the exclusive possession of the applicant. He further submits that under Section 34(2) of the C.G. Excise Act, minimum punishment is one year and maximum punishment is three years. He also submits that applicant is in jail since 15/05/2026 and the conclusion of the trial is likely to take quite long time. Therefore, he prays for grant of regular bail to the applicant. 3 4. Learned counsel 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 and the applicant has three criminal antecedents under the Excise Act, out of which, in two cases he has been acquitted and one case is pending. She further submits that 7.200 bulk liters of illicit liquor was recovered from the possession of the co-accused and the applicant was driving the motorcycle in which the said co-accused was sitting, therefore, he is not entitled for grant of 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, nature and gravity of allegation levelled against the applicant, further the fact that the applicant has three criminal antecedents under the Excise Act, out of which in two cases he has been acquitted and one case is pending, he is in jail since 15/05/2026 and the charge-sheet has been filed, further the conclusion of the trial may take some more time, therefore this Court is of the view that the applicant is entitled to be released on bail in this case. 7. Accordingly, the bail application is allowed and it is directed that the applicant - Manoj Shrivas, involved in Crime No.72/2026 registered at Police Station Jarhagaon, District- Mungeli, Chhattisgarh for the offence punishable under Sections 34(2) and 59(A) of the C.G. Excise Act, 1915, be released on bail on his 4 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. 5 (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 for necessary information and compliance forthwith. - Sd/- (Ramesh Sinha) Chief Justice gouri