1 CGHC010277022026 2026:CGHC:31473 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6626 of 2026 Birbal Yadav S/o Jhaduram Yadav Aged About 51 Years R/o Village - Buchi Hardi, P.S.- Balouda, District- Janjgir-Champa (C.G.) ... Applicant versus State of Chhattisgarh Through District Magistrate, Janjgir, District – Janjgir - Champa (C.G.) ... Non-applicant For Applicant : Mr. Krishnakant Prajapati, Advocate. For Non-applicant/State : Mr. Soumya Rai, Dy. Govt. Advocate. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 23.07.2026 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. 213/2026, registered at Police Station - Baloda, District – Janjgir – Champa (C.G.) for the offence punishable under Section 34(2) of the C.G. Excise Act. 2. As per the prosecution story, in brief, on 11.05.2026, while on patrol duty, the Head Constable received secret information from an informant that the present applicant was in possession of illicit liquor in Village Buchi Hardi. Acting upon the said information, the Head Constable searched the applicant and allegedly recovered 10 litres of handmade Mahua ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2026.07.24 13:20:52 +0530 2 liquor from his possession. The said liquor was seized, and an offence punishable under Section 34(2) of the Chhattisgarh Excise Act was registered against the applicant. Thereafter, the First Information Report (FIR) was lodged against the applicant. 3. Learned counsel for the applicant submits that the applicant has been falsely implicated in the present case. He further submits that the applicant has only one criminal antecedent under the Excise Act, the details of which have been duly explained in Part D of the present bail application. It is also submitted 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 11.05.2026, and the conclusion of the trial is likely to take considerable time. Therefore, he prays that the applicant be enlarged on regular bail. 4. On the other hand, learned counsel for the State opposes the bail application and submits that the charge-sheet has already been submitted before the competent Court in the present case . 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 applicant has only one criminal antecedent under the Excise Act, the details of which have been duly 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 11.05.2026 and conclusion of the trial is likely to take some time, therefore, I am inclined to grant regular bail to the present applicant. 7. Let applicant, Birbal Yadav, involved in Crime No. 213/2026, registered 3 at Police Station - Baloda, District – Janjgir – Champa (C.G.) for the offence punishable under Section 34(2) 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 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 4 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