1 2026:CGHC:9073 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 44 of 2026 Ramesh Patel S/o Bundram Aged About 29 Years Caste Patel, R/o Village Jatangpur, P.S. Katghora, Distt. Korba, Chhattisgarh. ... Applicant(s) versus State of Chhattisgarh Through Excise Sub Inspector, Excise Circle, Bankimogra, Distt. Korba, Chhattisgarh. ...Non-applicant(s) (Cause-title taken from Case Information System) For Applicant : Mr. Amit Singh Chauhan, Advocate. For Non-applicant/State : Ms. Smriti Shrivastava, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 20/02/2026 1. This is the first bail application filed under Section 483 of Bhartiya Nagrik Suraksha Sanhita, 2023 (for short, ‘BNSS’), for grant of regular bail to the applicant who has been arrested in connection with Crime No. 225 of 2025 registered at Police Station - Excise Circle, Bankimogra, District Korba (C.G.), for the offences BRIJMOHAN MORLE Digitally signed by BRIJMOHAN MORLE Date: 2026.02.20 17:39:50 +0530 2 punishable under Sections 34(1)(A), 34(2) and 59(A) of the Chhattisgarh Excise Act. 2. As per the prosecution story, on the basis of information received through informant, the Excise Sub Inspector along with other Excise Officials conducted raid in the house of applicant on 11.12.2025 and allegedly recovered 8 liters Mahua liquor from the house of applicant. Thereafter, Police has registered an offence punishable under Sections 34(1)(A), 34(2) and 59(A) of the Chhattisgarh Excise Act against the present applicant. 3. Learned counsel for the applicant submits that the applicant is innocent and he has been falsely implicated in this case. He further submits that the applicant has no criminal antecedent and in the present case, charge-sheet has been filed before the competent Court. He further submit that submits that under Section 34(2) of the Excise Act, minimum punishment is one year and maximum punishment is three years, and the applicant is in jail since 11.12.2025 and the trial is likely to take some time for its conclusion, therefore, he prays for grant of bail. 4. On the other hand, the learned State counsel opposes the bail application and submits that in the present case, charge-sheet has been filed before the competent Court and the applicant has no criminal antecedent, further the quantity of liquor seized from the possession of the present applicant i.e. 8 bulk liters of Mahua liquor, therefore, he is not entitled for grant of bail. 3 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 the applicant has no criminal antecedent and in the present case, charge-sheet has been filed before the competent Court further the quantity of liquor seized from the possession of the applicant i.e. 8 bulk liters of Mahua liquor and he is in jail since 11.12.2025 and conclusion of the trial is likely to take some time, therefore, I am inclined to grant regular bail to the present applicant. 7. Accordingly, the bail application of the applicant is allowed. 8. Let the applicant – Ramesh Patel, involved in Crime No. 225 of 2025 registered at Police Station - Excise Circle, Bankimogra, District Korba (C.G.), for the offences punishable under Sections 34(1)(A), 34(2) and 59(A) of the Chhattisgarh 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. 4 (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 against him in accordance with law. 9. Office is directed to send a certified copy of this order to the trial Court for necessary information and compliance. - S/- Sd/- (Ramesh Sinha) Chief Justice Brijmohan