1 CGHC010259002026 2026:CGHC:29643 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6239 of 2026 Vivek Verma S/o Manoj Verma, Aged About 21 Years R/o - Vikas Nagar, Police Station- Chakarbhata, District- Bilaspur (C.G.) ... Applicant versus State of Chhattisgarh Through Excise Circle Bilha, District- Bilaspur (C.G.) ... Non-applicant For Applicant : Mr. Sanjay Kumar Yadav, Advocate. For Non-applicant/State : Mr. Shailendra Sharma, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 14.07.2026 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. 13/2026, registered at Police Station – Excise Circle – Bilha, District - Bilaspur (C.G.) for the offence punishable under Sections 34(1)(A)(F), 34(2) and 59(A) of the C.G. Excise Act. 2. According to the prosecution story, the Police of Excise Circle, Bilha, allegedly seized 80 litres of country-made liquor (Desi liquor) and 60 kg of Mahuwa Lahaan from the possession of the applicant. Thereafter, a report was lodged at Excise Circle, Bilha, and a case bearing Crime No. 13/2026 was registered against the applicant for the offences punishable ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2026.07.15 11:20:01 +0530 2 under Sections 34(1)(A)(F), 34(2), and 59(A) of the Chhattisgarh Excise Act. Thereafter, the applicant was arrested by the police of Excise Circle, Bilha, on 21.04.2026, and after completion of the investigation, the charge-sheet (challan) was filed before the learned trial Court. 3. It is argued by learned counsel for the applicant that the applicant has been falsely implicated in the present case. He submits that the applicant has only 03 antecedents under the Bharatiya Nyaya Sanhita (BNS), the Excise Act, and the Arms Act. Out of the said three criminal antecedents, one case has already been disposed of, while the remaining two cases are still pending. The said criminal antecedents have been duly explained in Part D of the present bail application. He further submits that under Section 34(2) of the Excise Act, the minimum punishment prescribed is one year and the maximum punishment is three years. The applicant has been in judicial custody since 21.04.2026, and the trial is likely to take considerable time to conclude. Therefore, he prays that the applicant be enlarged on bail. 4. On the other hand, learned counsel for the State opposes the bail application and submits that, looking to the criminal antecedent of the applicant under the Excise Act, the applicant appears to be a habitual offender. Therefore, the applicant is not entitled to the 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, nature and gravity of allegation levelled against the applicant and the fact that the applicant has 03 criminal antecedents, which have already been explained in Part D of the present bail application and also considering the fact that the charge-sheet has been filed and the applicant has been in jail since 21.04.2026 and conclusion of the trial is likely to take some 3 time, therefore, I am inclined to grant regular bail to the present applicant. 7. Let applicant, Vivek Verma, involved in Crime No. 13/2026, registered at Police Station – Excise Circle – Bilha, District - Bilaspur (C.G.) for the offence punishable under Sections 34(1)(A)(F), 34(2) and 59(A) of the C.G. Excise Act, 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 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. (iv) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the 4 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 provide a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Abhishek