1 CGHC010179702026 2026:CGHC:30777 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR M.Cr.C No.4275 of 2026 Basant Sinha S/o Rajendra Kumar Sinha Aged About 24 Years R/o Village Nawagaon, PS Gobra Nawapara, Distt. Raipur, Chhattisgarh. ... Applicant versus State Of Chhattisgarh Through The PS Gobra Nawapara, Raipur, Distt. Raipur, Chhattisgarh. ... Non-applicant _____________________________________________________ For Applicant :Mr. Naha Roy, Advocate. For Non-applicant/State :Mr. Sourabh Sahu, 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.111/2026 registered at Police Station – Gobra Nawapara, Raipur District Raipur (C.G.), for SISTLA NEELIMA VISHNU PRIYA Digitally signed by SISTLA NEELIMA VISHNU PRIYA Date: 2026.07.21 11:48:22 +0530 2 the offence under Section 34(2) of Excise Act. 2. Briefly stated, case of the prosecution is that on 13.04.2026, while on patrol duty, the police received secret information that the Applicant was illegally selling liquor near the Government High School on Jaundi Road, Nawagaon. Acting upon the information, the police reached the spot and in the presence of witnesses, searched the Applicant and recovered 34 quarters of country-made liquor measuring 6.120 bulk litres valued at Rs.3,400/- from a black bag in his possession. As the Applicant failed to produce any valid licence or document authorizing possession of the liquor despite being served with a notice under Section 94 of the BNSS, the liquor was seized and the present offence was 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 behind the bars 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. 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 3 bail application and submits that there is one previous criminal antecedent against the present Applicant. 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- Basant Sinha involved in Crime No. 111/2026 registered at Police Station – Gobra Nawapara, Raipur District 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 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