1 CGHC010307992026 2026:CGHC:36072 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7456 of 2026 Ankit Singh @ Shani S/o Rajendra Singh Aged About 27 Years R/o Amanala Godripara Chirmiri, P.S. And Tehsil - Chirimiri, District - M.C.B. (C.G.) ... Applicant versus State Of Chhattisgarh Through Station House Officer, P.S. Chirimiri, District M.C.B. (C.G.) ... Non-Applicant For Applicant : Shri S.R. Sinha, Advocate. For Non-Applicant : Miss Palak Dwivedi, PL. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 13/08/2026 1. This is the first bail application filed 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.233/2026 registered at Police Station Chirmiri, District M.C.B. (C.G.) for the offence under Section 34 (2) of the Excise Act. 2. The prosecution case, in brief, is that on 6th June, 2026, upon KRISHNA KUMAR BARVE Digitally signed by KRISHNA KUMAR BARVE Date: 2026.08.14 16:02:31 +0530 2 receiving secret information from the informant, the concerned police conducted a raid and seized 49 liters of handmade Mahua liquor which was kept in 49 plastic pouches each containing 1 liter in two white bags from the house of the applicant. Thereafter the FIR was registered against the applicant. Hence the bail application. 3. It has been argued by learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the crime. The alleged seizure of 49 litres of hand-made Mahua liquor is the entire basis of the prosecution case against the applicant, and the alleged contraband has already been seized by the police; therefore, no further custodial interrogation of the applicant is required. The alleged seizure was made from the house of the applicant on the basis of information received from an informant, and the prosecution is required to establish by cogent evidence that the alleged liquor was in conscious and exclusive possession of the applicant. Mere recovery from the premises, without establishing conscious possession, cannot by itself be treated as conclusive proof of the alleged offence. The alleged seizure consists of 49 plastic pouches containing one litre each, kept in two white bags, and the entire alleged contraband is already in the custody of the prosecution. Thus, there is no possibility of the applicant tampering with or destroying the alleged seized material. Moreover, the applicant does not have any criminal antecedents 3 and he is in jail since 7.6.2026. Therefore, the applicant may be released on bail. 4. On the other hand, learned counsel appearing for the State/non- applicant would oppose the bail application and submit that the applicant does not have any criminal antecedents, and the charge sheet has been submitted against the applicant. 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, and the fact that the charge sheet has already been submitted against the applicant, the applicant does not have any criminal antecedents and he is in jail since 7.6.2026 and conclusion of trial is likely to take some time, this Court is of the view that the applicant is entitled to be released on bail in the present case. Accordingly, the Application is allowed. 7. Let the Applicant – Ankit Singh @ Shani, involved in Crime No.233/2026 registered at Police Station Chirmiri, District M.C.B. (C.G.) for the offence under Section 34 (2) of the 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 4 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 their counsel. In case of his absence, without sufficient cause, the trial court may proceed against them 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 applicants are deliberate or without sufficient cause, then it shall be open for the trial court to treat such 5 default as abuse of liberty of bail and proceed against them 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. - Sd/- (Ramesh Sinha) Chief Justice Barve