1 CGHC010224542026 2026:CGHC:30764 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5240 of 2026 Vijay Kumar S/o Manharan Aged About 48 Years Caste- Gond R/o Village Katsira Thana Hardibazar District- Korba (C.G.) ... Applicant(s) versus State Of Chhattisgarh Through- Police Station Excise Circle, Darri, Gevra District- Korba (C.G.) ... Respondent(s) For Applicant(s) : Mr. Vikas Kumar Pandey, Advocate For Respondent(s) : Ms. Ritika Verma, Panel Lawyer Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 20.07.2026 1. The applicant has preferred this First Bail Application under Section 483 of The Bharatiya Nagarik Suraksha Sanhita (BNSS) for grant of regular bail, as he has been arrested in connection with Crime No.51/2026, registered at Police Station Excise Circle, Darri, Gevra District- Korba (C.G.) for the offences punishable under Sections 34(1)(क)(ख), 34(2) and 59(क) of the Excise Act. 2. The prosecution case, in brief, is that on 11.05.2026, acting upon KUNAL DEWANGAN Digitally signed by KUNAL DEWANGAN 2 secret information, the police conducted a search of the applicant and allegedly recovered 8.5 litres of hand-made liquor along with cash amounting to Rs.100/- from his possession. The seized liquor and cash were confiscated in accordance with law, and the applicant was arrested on the same day. After completion of the investigation, the police filed the charge-sheet against the applicant for the alleged offence under the relevant provisions of the Excise Act. 3. It has been argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in this case. He further submits that the applicant is languishing in jail since 11.05.2026, though the charge-sheet has been filed, but the trial is likely to take some time for its conclusion. He later submits that though the applicant has 04 previous criminal antecedents registered against him, but out of 04 two are under the Excise Act of year 2008 and 2022 which are old and stale and further two are under Istagasas. He lastly submits that under Section 34(2) of the Chhattisgarh Excise Act, minimum punishment is one year and maximum punishment is three years, therefore, he prays grant of bail. 4. On the other hand, learned counsel for the State opposes the bail application of the applicant but could not dispute that the fact that the charge-sheet has already been filed. However, it is submitted that applicant has 04 criminal antecedents out of which 02 are under the Excise Act, which itself goes to show that applicant is a 3 habitual offender and further 8.5 litres of handmade liquor has been seized from the possession of the applicant. 5. Taking into consideration the facts and circumstances of the case, nature and gravity of allegation levelled against the applicant, quantity of liquor seized and the fact that applicant has 04 criminal antecedents out of which 02 are under the Excise Act of the year 2008 and 2022, which are old and stale and further, charge-sheet has already been filed and he is in jail since 11.05.2026 and conclusion of the trial is likely to take some time hence, I am inclined to allow this application. 6. Let applicant, Vijay Kumar, involved in Crime No.51/2026, registered at Police Station Excise Circle, Darri, Gevra District- Korba (C.G.) for the offences punishable under Sections 34(1)(क) (ख), 34(2) and 59(क) of the 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 personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against 4 them 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 Bharatiya Nyaya Sanhita 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 Section 209 of 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. 7. 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 Kunal