1 CGHC010280262026 2026:CGHC:37633 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6613 of 2026 Pankaj Chauhan S/o Late Patiram Chauhan Aged About 25 Years R/o Village- Kedar Tahsil- Sarangarh District- Sarangarh-Bilaigarh (C.G.) ... Applicant(s) versus State Of Chhattisgarh Through- Excise Circle Kosir, District- Sarangarh- Bilaigarh (C.G.) ... Non-applicant(s) For Applicant : Mr. Praveen Sharma, Advocate For Non-applicant/State : Ms. Ankita Shukla, Panel Lawyer Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 21.08.2026 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. 13/2026, registered at Police Station : Excise Circle-Kosir, District- Sarangarh-Bilaigarh (C.G.) for the o=ence punishable under Sections 34(2) and 59(A) of the C.G. Excise Act. 2. As per the prosecution case, in brief, on 12.06.2026, while the o?cials of Excise Circle Kosir were on patrolling duty, they received KUNAL DEWANGAN Digitally signed by KUNAL DEWANGAN 2 information from an informant that the present applicant was illegally possessing country-made liquor. Acting upon the said information, the excise o?cials conducted a raid at the indicated place and allegedly recovered and seized 31 litres of country-made liquor from the illegal possession of the applicant. Consequently, a crime was registered against the applicant for the o=ence punishable under Sections 34(2) and 59-A of the Chhattisgarh Excise Act and the applicant was arrested in connection therewith. 3. Learned counsel for the applicant submits that the applicant has been falsely implicated in this case and the said liquor was not seized from the exclusive possession of the 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 further submits that in the present case, charge-sheet has Bled before the competent Court and the applicant is in jail since 12.06.2026 and the applicant has one criminal antecedent of similar nature of the year 2025 in which he has been acquitted and the 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, the learned State counsel opposes the prayer for grant of bail to the applicant and submits that in the present case, charge-sheet has been Bled before the competent Court and the applicant had a previous criminal antecedent of similar nature of the year 2025, which has been explained in the bail application and further the quantity of liquor seized from the possession of the present applicant i.e. 31 litres of country-made liquor as such, he is 3 not entitled for grant of bail. 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 had a criminal antecedent of a similar nature which has been explained in the bail application in para No. 4(a) in which he has already been acquitted and in the present case, charge-sheet has been Bled before the competent Court, further the quantity of liquor seized from the possession of the applicant i.e. 31 litres of country-made liquor and he is in jail since 12.06.2026 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 is allowed. 8. Let applicant, Pankaj Chauhan,, involved in Crime No. 13/2026, registered at Police Station : Excise Circle-Kosir, District- Sarangarh-Bilaigarh (C.G.) for the o=ence punishable under Sections 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 Ble an undertaking to the e=ect that he shall not seek any adjournment on the dates Bxed 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 Bxed, either personally or through his counsel. In case of his absence, without su?cient 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 Bxed 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 Bxed 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 su?cient 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. O?ce is directed to send a certiBed copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Kunal