1 CGHC010220952026 2026:CGHC:29094 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR M.Cr.C No.5163 of 2026 Manoj Kumar Tiwari S/o Madhav Prasad Tiwari Aged About 40 Years R/o Village Nandin Kurmiyan, P.S. Rajapur, District Chitrakoot (U.P.), Presently R/o Staff Room, Hotel Sudesh HOP Bar, Narmada Para, P.S. Ganj, District Raipur Chhattisgarh (Address Details Incompletely Mentioned In Impugned Order) ... Applicant versus State Of Chhattisgarh Through Station House Officer (S.H.O.) P.S. Khamtarai, District Raipur Chhattisgarh ... Non-applicant _____________________________________________________ For Applicant :Ms. Swati Rani Saraf, Advocate. For Non-applicant/State :Ms. Ritika Verma, PL. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 10.07.2026 1. The Applicant has preferred this 1st Bail Application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as he has been arrested in SISTLA NEELIMA VISHNU PRIYA Digitally signed by SISTLA NEELIMA VISHNU PRIYA Date: 2026.07.13 11:39:50 +0530 2 connection with Crime No.334/2026 registered at Police Station – Khamtarai, District Raipur (C.G.) for the offence under Section 34(2) of CG Excise Act. 2. As per the prosecution case, on 07.05.2026, during checking near Khamtarai Over Bridge, the police allegedly seized Budweiser Magnum beer bottles containing about 23.400 bulk litres, valued at Rs.8,640/- from the joint possession of the Applicant and co-accused Omprakash Manikpuri. The said liquor was allegedly being possessed without any valid licence or permit. Based on the aforesaid allegations, the present offence has been registered against the present Applicant. Hence this application. 3. Learned Counsel for the Applicant submits that the Applicant is innocent, he has been falsely implicated in the present case and is in jail since 07.05.2026. It is further submitted that the Applicant has studied only upto 12th standard and to provide financial support, he is working as a waiter at Hotel Sudesh HOP Bar and conclusion of trial is likely to take considerable time, therefore, he may be granted bail. 4. Per contra, learned State Counsel opposes the bail application and submits that there no previous criminal antecedents against the present Applicant. 3 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the submissions advanced by learned Counsel for the parties, the nature of allegations, the fact that the alleged seizure was made from the joint possession of the Applicant and co-accused, the quantity of liquor allegedly seized, he is in custody since 07.05.2026, there are no previous criminal antecedents against him and the trial is likely to take considerable time for its conclusion, without expressing any opinion on the merits of the case, this Court is of the considered opinion that it is a fit case to grant bail to the Applicant. Accordingly, the bail application is allowed. 7. Let Applicant- Manoj Kumar Tiwari involved in Crime No. 334/2026 registered at Police Station – Khamtarai, District Raipur (C.G.) for the offence under Section 34(2) of CG Excise Act be released on bail on his furnishing a 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. 4 (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. (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 concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Priya