1 CGHC010224032026 2026:CGHC:32676 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR M.Cr.C No.5670 of 2026 Sadanand Banjare S/o-Late Prahlad Banjare Aged About 28 Years R/o- Village Semariya, Police Station Kota, District- Bilaspur (C.G.) ... Applicant versus State Of Chhattisgarh Through Police Station Kota, District- Bilaspur (C.G.) ... Non-applicant _____________________________________________________ For Applicant :Mr. Shubham Tripathi, Advocate. For Non-applicant/State :Ms. Ankita Shukla, PL. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 29.07.2026 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.427/2026 registered at Police SISTLA NEELIMA VISHNU PRIYA Digitally signed by SISTLA NEELIMA VISHNU PRIYA Date: 2026.07.30 11:14:20 +0530 2 Station – Kota, District Bilaspur (C.G.), for the offence under Section 34(2) of Excise Act. 2. The case of the prosecution, in brief, is that on 02.06.2026, acting on secret information received by the Police at Outpost Kota, a raid was conducted at the house of the Applicant situated in Village Semaria. During the search, 45 liters of hand-distilled Mahua liquor stored in three yellow plastic jerrycans of 15 liters each, approximately 4 liters of raw Mahua liquor kept in a 5-liter plastic jerrycan, along with two liquor-making pots and other equipment used for the manufacture of liquor, were allegedly recovered from a shed adjoining the Applicant's house. The total quantity of the seized liquor was 49 liters, valued at Rs.9,800/-. Accordingly, a First Information Report was registered against the Applicant for the offence as mentioned above. 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 02.06.2026. 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 3 be granted bail. 4. On the other hand, learned Counsel for the State opposes the bail application and submits that there are no previous criminal antecedents 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 material available in the case diary, the nature of allegations, the quantity of liquor allegedly seized, the period of custody of the Applicant since 02.06.2026 and there are no previous criminal antecedents against him, 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- Sadanand Banjare involved in Crime No. 427/2026 registered at Police Station – Kota, District Bilaspur (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 4 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 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