1 CGHC010265952026 2026:CGHC:29937 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR M.Cr.C No.6314 of 2026 Madan Mandle, S/o Late Jagtu Ram Mandle, Aged About 55 Years, R/o Village Barcha, Police Station Arang, District Raipur Chhattisgarh ... Applicant versus State Of Chhattisgarh Through Police Station Aarang, District Raipur Chhattisgarh ... Non-applicant _____________________________________________________ For Applicant :Ms. Ishwari Ghritlahare, Advocate. For Non-applicant/State :Mr. Shubham Bajpai, PL. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 15.07.2026 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 connection with Crime No.265/2026 registered at Police Station – Arang, Distr Raipur (C.G.), for the offence under SISTLA NEELIMA VISHNU PRIYA Digitally signed by SISTLA NEELIMA VISHNU PRIYA Date: 2026.07.15 17:59:56 +0530 2 Section 34(2) of Excise Act. 2. As per the prosecution case, on 22.05.2026, while on village patrol, the Assistant Sub-Inspector of Police Station Arang received a secret information that the Applicant was illegally possessing and selling liquor near Kalai Road, in front of the Krishi Mandi, Arang. Acting upon the information, the police reached the spot and in the presence of independent witnesses, allegedly recovered 40 quarter bottles of country- made "Masala Shera" liquor, measuring 7.200 bulk litres, from the Applicant's conscious possession. Based on these allegations, the aforesaid offence has been registered against the present Applicant. Hence this application. 3. Learned Counsel for the Applicant submits that the Applicant is innocent and has been falsely implicated in the present case. She further submits that under Section 34(2) of the C.G. Excise Act, minimum punishment is one year and maximum punishment is three years. It is contended that the Applicant is in custody since 22.05.2026 and that the alleged liquor was recovered from an open place and not from the exclusive possession of the Applicant. It is lastly submitted that conclusion of trial is likely to take considerable time, therefore, the present Applicant may be granted bail. 4. On the other hand, learned Counsel for the State opposes the 3 bail application and submits that the Applicant has one previous criminal antecedent under the Excise Act of the year 2020. 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 material available in the case diary, the nature of allegations, the fact that the Applicant is in custody since 22.05.2026, the alleged seizure having been made from an open place and not from the exclusive possession of the Applicant, the trial is likely to take considerable time for its conclusion and without further expressing anything on the merits of the case, this Court is of the considered opinion that it is a fit case to allow the application. Accordingly, the bail application is allowed. 7. Let Applicant- Madan Mandle involved in Crime No. 265/2026 registered at Police Station – Arang, Distr Raipur (C.G.), for the offence under Section 34(2) of Excise Act be released on bail on his 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 4 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 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