1 2026:CGHC:12551 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 779 of 2026 Sandeep Kumar Kushwaha S/o Shri Brij Mohan Kushwaha Aged About 25 Years R/o - Village - Jaurahi, P.S. Raghunathnagar, District - Balrampur - Ramanujganj (C.G.) ... Applicant versus State of C.G. Through Excise Department Circle - Balrampur, District - Balrampur - Ramanujganj (C.G.) ... Non-applicant For Applicant : Mr. Pawan Shrivastava, Advocate. For Non-applicant/State : Mr. Sourabh Sahu, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 16.03.2026 1. This is the 8rst bail application 8led under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No. 89/2025 registered at Police Station Excise Department Circle-Balrampur, District Balrampur-Ramanujganj (C.G.), for the o>ence punishable under Section 34(1)क, 34(2), 36, 59( क) of the C.G. Excise Act. 2. The case of the prosecution is that, on the basis of secret information received on 31.12.2025, the sta> of the Excise Sub-Inspector, Circle Wadrafnagar, searched the house and shop of the applicant and seized ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2026.03.17 11:11:03 +0530 2 38.07 litres of country-made and English liquor. Thereafter, the FIR was registered by the Excise Department, Circle Balrampur, as Crime No. 89/2025 for the o>ences punishable under Sections 34(1)(क), 34(2), 36 and 59(क) of the C.G. Excise Act. The applicant was subsequently arrested and is presently in jail. 3. Learned counsel for the applicant submits that the present applicant has been falsely implicated in this case. He submits that the alleged illicit liquor was not seized from the possession of the present applicant. 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 that the present applicant has no criminal antecedents. He further submits that the present applicant has been in jail since 31.12.2025, conclusion of the trial is likely to take quite long time. Therefore, he prays for grant of regular bail to the applicant. 4. On the other hand, learned counsel for the State opposed the bail application and submits that the charge-sheet has been 8led in the present case before the competent Court. He submits that the present applicant has 01 criminal antecedent under the Excise Act, which shows that the applicant is a habitual o>ender, therefore, he is not entitled for grant of regular bail in the present case. 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 applicant and the fact that the applicant has only 01 criminal antecedent under the Excise Act which is pending trial and also considering the fact that the charge-sheet has been 8led and he has been in jail since 31.12.2025 and conclusion of the 3 trial is likely to take some time, therefore, I am inclined to grant regular bail to the present applicant. 7. Let the applicant – Sandeep Kumar Kushwaha, involved in Crime No. 89/2025 registered at Police Station Excise Department Circle- Balrampur, District Balrampur-Ramanujganj (C.G.), for the o>ence punishable under Section 34(1)क, 34(2), 36, 59( क) of the C.G. 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 8le an undertaking to the e>ect that he shall not seek any adjournment on the dates 8xed 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 8xed, either personally or through his counsel. In case of his absence, without suGcient cause, the trial court may proceed against his 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 8xed in such proclamation, then, the trial court shall initiate proceedings against his, in accordance with law, under Section 209 of the Bharatiya Nyaya Sanhita. (iv) The applicant shall remain present, in person, before 4 the trial court on the dates 8xed 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 suGcient 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. OGce is directed to send a certi8ed copy of this order to the trial Court concerned for necessary information and compliance forthwith. - Sd/- (Ramesh Sinha) Chief Justice Abhishek