1 CGHC010304262026 2026:CGHC:34747 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7206 of 2026 1. Samir Manikpuri S/o Shri Shivendra Mannikpuri, Aged About 19 Years R/o Village Raingakathera, Police Station Dongargarh, District Rajnandgaon, C.G. 2. Gajendra Kumar Verma S/o Shri Chetram Verma Aged About 43 Years Caste Lodhi---R/o Village Telitola, Outpost Chichola, Police Station Chhuriya, District – Rajnandgaon, C.G. ... Applicant versus State Of Chhattisgarh Through The Station House Officer, Police Station Chhuriya Police Outpost Chichola, District - Rajnandgaon C.G. ... Non-Applicant For Applicants : Mr. Rajendra Patel, Advocate. For Non-Applicant/State : Mr. Sourabh Sahu, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 07.08.2026 1. The applicants have preferred this First Bail Application under Section 439 of the Code of Criminal Procedure, 1973 for grant of regular bail, as they have been arrested in connection with Crime No. 94/2026, registered at Police Outpost - Chichola, Police Station – Chhuriya, District Rajnandgaon (C.G.) for the offence punishable under Section 34(2) of C.G. Excise Act. 2. As per the prosecution case, on 12.05.2026, the officers of Police Outpost Chichola, Police Station - Chhuriya, acting on secret information received PREETI KUMARI Digitally signed by PREETI KUMARI Date: 2026.08.07 17:43:13 +0530 2 from an informant that two persons were illegally transporting liquor from the Rangitola Liquor Shop towards Lal Bahadur Nagar Turn, proceeded to the spot along with independent witnesses and laid a blockade. During the interception, the applicants were allegedly found travelling on a red Hero Passion Pro motorcycle bearing Registration No. CG-08-N-2144 and carrying a blue "Tara Pan Masala" bag. Upon search, the police allegedly recovered 100 quarter bottles of country-made "Sholay Plain" liquor, measuring a total of 18 bulk litres, from the said bag. Thereafter, the liquor and the motorcycle were seized, and a crime was registered against the applicants and the co-accused under the relevant provisions of the Chhattisgarh Excise Act. Upon completion of the investigation, the charge-sheet has been filed before the competent Court. 3. It is argued by the learned counsel for the applicants that the applicants are innocent and have been falsely implicated in this case. It is further submitted that the charge-sheet has been filed in this case. It is further submitted that the applicant No.1 is having two previous criminal antecedents under the Excise Act out of which in once case he has been acquitted and other case is pending, whereas applicant No. 2 is having eight previous criminal antecedents, out of which two are under the Excise Act are pending. The same has been explained in Part – D of the bail application. The applicants are in jail since 12.05.2026 and 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 the charge-sheet has been filed. He further submits that the applicant No.1 is having two previous criminal antecedent under the Excise Act out of which in once case he has been acquitted and other case is pending, whereas applicant No. 2 is having eight previous criminal 3 antecedents, out of which two are under the Excise Act are pending, therefore, they are not entitled for grant of bail. 5. I have heard learned counsel for the parties and perused all of the documents available on record. 6. Taking into consideration the facts and circumstances of the case, nature of allegation levelled against the applicants and the fact that the applicant No. 2, namely, Gajendra Kumar Verma, is having eight previous criminal antecedents, out of which two are under the Excise Act which shows that he is a habitual offender, thus, this Court is of the opinion that is not a fit case to grant regular bail to the applicant No. 2. 7. Accordingly, this bail application of applicant No.2 – Gajendra Kumar Verma involved in Crime No. 94/2026, registered at Police Outpost - Chichola, Police Station – Chhuriya, District - Rajnandgaon for the offence punishable under Section 34(2) of C.G. Excise Act, is rejected. 8. Whereas the fact that the charge-sheet has been filed in the present case and the applicant No. 1 is having one previous criminal antecedent under the Excise Act, and he is in jail since 12.05.2026, the conclusion of the trial is likely to take quite long time, hence, this Court is of the view that the applicant No.1 is entitled to be released on bail in this case. 9. Accordingly, the bail application is allowed. Let applicant No.1 - Samir Manikpuri involved in Crime No. 94/2026, registered at Police Outpost - Chichola, Police Station – Chhuriya, District - Rajnandgaon for the offence punishable under Section 34(2) of 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 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 4 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. 10. 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 Preeti