1 2026:CGHC:4406 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 859 of 2026 Dhanraj Singh Thakur @ Lala S/o Shri Sant Singh Thakur Aged About 26 Years R/o Supela, Bhilai, Chingripara, Ward No. 16, House No. 46, Police Station Supela, District Durg (C.G.) ... Applicant versus State of Chhattisgarh Through The Station House O0cer, Police Station Bhanpuri, District Bastar (C.G.) ... Non-applicant For Applicant : Mr. Rishi Rahul Soni, Advocate For Non-applicant/State : Ms. Smriti Shrivastava, Panel Lawyer Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 27.01.2026 1. The applicant has preferred this First Bail Application under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as he has been arrested in connection with Crime No. 120/2025, registered at Police Station Bhanpuri, District Bastar, (C.G.) for the o;ence punishable under Sections 34(2) and 36 of the C.G. Excise Act 1915 and under Section 281 of Bharatiya Nyaya Sanhita, 2023. RAHUL DEWANGAN Digitally signed by RAHUL DEWANGAN 2 2. The case of the prosecution, in brief, is that on 09.10.2025 at about 11:30 hours, on receipt of secret information that 06–07 persons were transporting English liquor for illegal sale in three vehicles, namely a Scorpio car, a Maruti Suzuki Ciaz car and a Duster car, the police party proceeded towards the road from Farsaguda to Murkuchi; it is alleged that when the said vehicles were intercepted, the driver of Maruti Suzuki Ciaz car bearing registration No. CG- 04/PB-7951 attempted to Dee by driving rashly and negligently, resulting in the said vehicle colliding with a tree and the other two vehicles following it also dashing with each other, after which all the vehicles were stopped; upon search, 25 boxes of Goa Whisky (each box containing 50 quarter bottles) were seized from Scorpio car No. CG-04/QD-7778, 15 boxes from Maruti Suzuki Ciaz car No. CG- 04/PB-7951 and 15 boxes from Duster car No. CG-04/HD-6858, totaling 495 bulk litres of liquor; it is further alleged that co-accused Mayank Ganvir and Aman Roy were occupants of the Scorpio car from whom 225 litres of liquor were seized, the present applicant Dhanraj Singh Thakur @ Lala along with co-accused Chiraj Yadav @ Chiku were occupants of the Maruti Suzuki Ciaz car from whom 135 litres of liquor were seized, and co-accused Hupendra Nag, Jitendra Kumar Kurre @ Kallu and Pramendra Kurre were occupants of the Duster car from whom 135 litres of liquor were seized, on the basis of the aforesaid facts, a crime was registered against the accused persons for o;ences punishable under Sections 34(2) and 36 of the Chhattisgarh Excise Act, 1915 and Section 281 of the Bharatiya Nyaya Sanhita, 2023, and after 3 completion of investigation, the charge-sheet has been Hled, the applicant along with co-accused was arrested in connection with the said crime, hence the present bail application. 3. 3. It is argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in this case only on the basis of suspicion. He submits that the present applicant has 03 criminal antecedents out of which 01 case is under the Excise Act which is of the year 2020, is pending and remaining 02 cases are under the IPC. He further submits that under Section 34(2) of the Excise Act, minimum punishment is one year and maximum punishment is three years, and the applicant is in jail since 09.10.2025 and the trial is likely to take some time for its conclusion, therefore, he prays grant of bail to the applicant. 4. On the other hand, the learned State counsel opposes the bail application and submits that the charge-sheet has already been Hled before the competent Court. She also submits that the present applicant has 03 criminal antecedents, out of which 01 case is of the similar nature, shows that he is habitual o;ender. She further submits that the applicant was apprehended at the spot while transporting a huge quantity of illicit English liquor in concert with other co-accused persons and that a total of 495 bulk litres of liquor was seized from the three vehicles, clearly attracting the o;ences under Sections 34(2) and 36 of the Chhattisgarh Excise Act, 1915 and Section 281 of the Bharatiya Nyaya Sanhita, 2023. It is contended that the o;ence is serious in nature, involves organized 4 illegal transportation of liquor and has adverse social impact, and therefore, the applicant is not entitled for grant of bail. 5. I have heard learned counsel for the parties and perused the case- diary. 6. Taking into consideration the facts and circumstances of the case, the nature and gravity of the allegations levelled against the applicant, and the fact that the applicant was apprehended at the spot while allegedly transporting illicit English liquor in association with other co-accused persons and that a total quantity of 495 bulk litres of liquor was seized from three vehicles, and further taking note of the criminal antecedents of the applicant, out of which one case pertains to the Excise Act and two cases are under the Indian Penal Code, which are of the year 2020 and 2023, this Court is of the view that since the charge-sheet has already been Hled before the competent Court, the applicant is in jail since 09.10.2025 and the conclusion of the trial is likely to take considerable time, continued incarceration of the applicant would not serve any useful purpose, accordingly, without expressing any opinion on the merits of the case, this Court is inclined to grant regular bail to the present applicant. 7. Accordingly, the bail application of the applicant is allowed. Let the applicant, Dhanraj Singh Thakur @ Lala, involved in Crime No. 120/2025, registered at Police Station Bhanpuri, District Bastar, (C.G.) for the o;ence punishable under Sections 34(2) and 36 of the C.G. Excise Act 1915 and under Section 281 of Bharatiya Nyaya 5 Sanhita, 2023, be released on bail on furnishing personal bond with two sureties in the like sum to the satisfaction of the Court concerned with the following conditions:- (i) The applicant shall Hle an undertaking to the e;ect that he shall not seek any adjournment on the dates Hxed 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 Hxed, either personally or through his counsel. In case of his absence, without su0cient 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 Hxed 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 Hxed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 351 of BNSS. If in the 6 opinion of the trial court absence of the applicant is deliberate or without su0cient 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. O0ce is directed to provide a certiHed copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Rahul Dewangan