1 CGHC010177862026 2026:CGHC:30715 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR M.Cr.C No.4226 of 2026 Kanhaiya Rathia S/o. Shri Sunauram Rathiya Aged About 43 Years R/o. Village-Bilaskhar, Thana- Punjipathra, District- Raigarh (C.G.) ... Applicant versus State Of Chhattisgarh Through The Station House Officer, Police Station Punjipathra, Dist.- Raigarh (C.G.) ... Non-applicant _____________________________________________________ For Applicant :Mr. Khilendra Sahu, Advocate. For Non-applicant/State :Ms. Smriti Shrivastava, PL. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 20.07.2026 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.75/2026 registered at Police Station – Punjipathra, District Raigarh (C.G.), for the offences SISTLA NEELIMA VISHNU PRIYA Digitally signed by SISTLA NEELIMA VISHNU PRIYA Date: 2026.07.21 17:57:55 +0530 2 under Sections 34(2) & 59(A) of Excise Act. 2. As per the prosecution case, on 13.04.2026, acting on secret information received during patrolling, the police conducted a search at the Applicant's hut situated near his field in Village Bilaskhar. During the search, 30 litres of illicit Mahua liquor, kept in two plastic jerry cans of 15 litres each, was allegedly recovered and seized from the possession of the Applicant. As the Applicant failed to produce any valid licence or document authorizing possession of the liquor, the contraband was seized and the present offences were registered against him. 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 13.04.2026. He 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 alleged contraband liquor was seized from a place near his house, despite there being no material to connect him with the same. He lastly submits that conclusion of trial is likely to take considerable time, therefore, the Applicant may be granted bail. 4. On the other hand, learned Counsel for the State opposes the bail application and submits that the Applicant has one 3 criminal antecedent under the Excise Act pertaining to the year 2023. 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 quantity of liquor allegedly seized, the period of custody of the Applicant since 13.04.2026, the fact that the trial is likely to take considerable time for its conclusion and without further commenting 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- Kanhaiya Rathia involved in Crime No. 75/2026 registered at Police Station – Punjipathra, District Raigarh (C.G.), for the offences under Sections 34(2) & 59(A) 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 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 4 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