1 CGHC010286842026 2026:CGHC:32056 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6722 of 2026 1 - Ganesh Bhoi S/o Sadanand Bhoi Aged About 24 Years R/o Village- Rankot P.S. Sarsiwa District- Sarangarh-Bilaigarh Chhattisgarh 2 - Chandar Singh Bhoi S/o Ganesh Kumar Bhoi Aged About 25 Years R/o Village- Rankot P.S. Sarsiwa District- Sarangarh-Bilaigarh Chhattisgarh ... Applicant(s) versus State Of Chhattisgarh Through- Station House Officer, Police Station Basna District- Mahasamund (C.G.) ... Respondent(s) For Applicant(s) : Mr. Sudhir Kumar Sahu, Advocate. For Respondent(s) : Ms. Nupur Trivedi, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 27/07/2026 1. This is the first bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) for grant of regular bail to the applicants who have been arrested in 2 connection with Crime No. 274/2026 registered at Police Station Basna District- Mahasamund (C.G.), for the offence punishable under Section 34(2) of the C.G. Excise Act. 2. Case of the prosecution, in brief, is that on 25.05.2026, while on patrol duty, the police received credible information that the accused persons were transporting illicit liquor on a motorcycle near the forest road leading to Village Salkhand. Acting on the information, the police intercepted the motorcycle and apprehended the applicants, Ganesh Bhoi and Chander Singh Bhoi. Upon search, a plastic sack containing approximately 30 litres of illegally manufactured country-made mahua liquor, valued at Rs.6,000, was recovered from their possession. The motorcycle allegedly used in the transportation of the liquor, valued at Rs.15,000, was also seized. As the applicants failed to produce any valid licence or permit for transporting the liquor, the seized articles were confiscated, the applicants were arrested, and an offence under Section 34(2) of the Chhattisgarh Excise Act was registered against them. Hence, the bail application. 3. Learned counsel for the applicants submits that the applicants have been falsely implicated in this case and 30 bulk liters of country made mahua liquor was not seized from the exclusive possession of the applicants. 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 also submits 3 that the applicants have no criminal antecedents, the applicants are in jail since 25.05.2026 and the conclusion of the trial is likely to take quite long time. Therefore, he prays for grant of regular bail to the applicants. 4. Learned counsel for the State/non-applicant would oppose the bail application and submit that the charge-sheet has been filed in the present case and the applicants have no criminal antecedents. She further submits that 30 bulk liters of the country made mahua liquor was recovered from the possession of applicants, therefore, the applicants are not entitled for grant of bail. 5. I have heard learned counsel appearing 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 applicants and the fact that the applicants have no criminal antecedent, they are in jail since 25.05.2026 and the charge-sheet has been filed in the present case, further the conclusion of the trial may take some more time, as such, this Court is of the view that the applicants are entitled to be released on bail in this case. 7. Accordingly, the application is allowed. 8. Let the applicants - Ganesh Bhoi and Chandar Singh Bhoi, involved in Crime No. 274/2026 registered at Police Station Basna District- Mahasamund (C.G.), for the offence punishable under Section 34(2) of the C.G. Excise Act, be released on bail on 4 their furnishing a personal bond with two sureties each in the like sum to the satisfaction of the Court concerned with the following conditions:- (i) The applicants shall file an undertaking to the effect that they 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 applicants shall remain present before the trial court on each date fixed, either personally or through their counsel. In case of their absence, without sufficient cause, the trial court may proceed against them under Section 269 of Bharatiya Nyaya Sanhita. (iii) In case, the applicants misuse the liberty of bail during trial and in order to secure their presence, proclamation under Section 84 of BNSS. is issued and the applicants fail to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against them, in accordance with law, under Section 209 of the Bharatiya Nyaya Sanhita. (iv) The applicants 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 applicants are 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 them in accordance with law. 5 9. Office is directed to send a certified copy of this order to the trial Court for necessary information and compliance forthwith. - Sd/- (Ramesh Sinha) Chief Justice Akhil