1 CGHC010252872026 2026:CGHC:32116 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5923 of 2026 Rohit Kumar Sarthi S/o Bhogilal Sarthi Aged About 36 Years R/o Village Chhatadei, Chowki Kanakbira P.S. Sarangarh, District Sarangarh-Bilaigarh, Chhattisgarh. ... Applicant versus The State of Chhattisgarh Through Station House Officer Excise Circle Sarangarh, District - Sarangarh-Bilaigarh, Chhattisgarh. ... Non-applicant For Applicant : Mr. Manoj Kumar Jaiswal, Advocate. For Non-applicant/State : Ms. Ritika Verma, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 27.07.2026 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. 22/2026-27, registered at Police Station – Excise Circle Sarangarh, District – Sarangarh-Bilaigarh (C.G.) for the offence punishable under Section 34(1)(a), 34(2) and 59(A) of the C.G. Excise Act. 2. The prosecution story, in brief, is that on 29.05.2026, the concerned police received secret information and conducted a raid at the house of the applicant. During the raid, the police allegedly seized 20 bulk litres of ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2026.07.28 17:32:18 +0530 2 hand-made liquor from the possession of the applicant. Thereafter, the police registered an offence against the applicant under the aforementioned provisions mentioned in the cause title and arrested him. 3. It is argued by learned counsel for the applicant that the applicant has been falsely implicated in the present case. He submits that the applicant has only 01 criminal antecedent under the Excise Act, and the same has also been explained in Part D of the present bail application. He further submits 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 29.05.2026, and the conclusion of the trial is likely to take considerable time. Therefore, it is prayed that the applicant be enlarged on 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, the nature and gravity of the allegations levelled against the applicant, and the fact that the applicant has only 01 criminal antecedent under the Excise Act, which has also been explained in Part D of the present bail application, and further considering that the charge-sheet has already been filed, the applicant has been in judicial custody since 29.05.2026, and the conclusion of the trial is likely to take some time, I am inclined to grant regular bail to the present applicant. 7. Let applicant, Rohit Kumar Sarthi, involved in Crime No. 22/2026-27, registered at Police Station – Excise Circle Sarangarh, District – Sarangarh-Bilaigarh (C.G.) for the offence punishable under Section 3 34(1)(a), 34(2) and 59(A) 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 sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed 4 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