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2026 DAILYLAW 26136 (CHH)

VIRENDRA MANJHI v. STATE OF CHHATTISGARH

MCRC/4273/2026 · 2026-07-12

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Judgment text

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1 CGHC010177042026 2026:CGHC:29422 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 4273 of 2026 Virendra Manjhi S/o Kirtan Manjhi Aged About 36 Years R/o Village Mahulpali, P.S. Rengali, District Jharsugda (Odisha) ... Applicant versus State Of Chhattisgarh Through The S.H.O., P.S. Sariya, District Sarangarh-Bilaigarh Chhattisgarh ... Non-Applicant For Applicant : Shri Tapan Kumar Chandra, Advocate. For Non-Applicant : Shri Shailendra Sharma, PL. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 13/07/2026 1. This is the first 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 Crime No.52/2026 registered at Police Station Sariya District Sarangarh – Bilaigarh (C.G.) for the offence under Sections 34 (2) & 59 (A) of the CG Excise Act. KRISHNA KUMAR BARVE Digitally signed by KRISHNA KUMAR BARVE Date: 2026.07.14 16:52:24 +0530 2 2. The prosecution case, in brief, is that on 16.3.2026, the concerned Police received secret information from informant and conducted raid at village Tora, Mahanadi Ghat and seized total 135 bulk liters of Hawai Jahaj Chhap (Mahua Liquor) from the present applicant. Thereafter the FIR was registered against the applicant. Hence the bail application. 3. It has been argued by learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the crime. The applicant does not have any criminal antecedents registered against him. The applicant is in jail since 16.3.2026. Therefore, the applicant may be released on bail. 4. On the other hand, learned counsel appearing for the State/non- applicant would oppose the bail application and submit that though the applicant does not have any criminal antecedents registered against him in the State of Chhattisgarh, however, one case has been registered against him in the State of Odisha, and the charge sheet has been submitted against the applicant. Therefore, the bail application may be rejected. 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, and the fact that the charge sheet has already been submitted against the applicant, the applicant does not have any criminal antecedents registered against him, which is mentioned in the bail 3 application, the applicant is in jail since 16.3.2026 and conclusion of trial is likely to take some time, this Court is of the view that the applicant is entitled to be released on bail in the present case. 7. Let the Applicant – Virendra Manjhi, involved in Crime No. 52/2026 registered at Police Station Sariya District Sarangarh – Bilaigarh (C.G.) for the offence under Sections 34 (2) & 59 (A) of the CG Excise Act, be released on bail on furnishing personal bond with two local 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 their counsel. In case of his absence, without sufficient cause, the trial court may proceed against them 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 4 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 applicants are 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 them 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. Sd/- (Ramesh Sinha) Chief Justice Barve