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2026 DAILYLAW 31686 (CHH)

SAMPATLAL BEHRA v. STATE OF CHHATTISGARH

MCRC/6982/2026 · 2026-08-17

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1 CGHC010293302026 2026:CGHC:36911 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6982 of 2026 1 - Sampatlal Behra S/o Mohanlal Behra Aged About 42 Years R/o Village Dumarpali, P.S. Pithora District Mahasamund Chhattisgarh 2 - Bedram Giri S/o Sundersai Giri Aged About 36 Years R/o Village Dumarpali, Police Station Pithora District Mahasamund Chhattisgarh ... Applicant versus State Of Chhattisgarh Through Station House Officer, Police Station Excise Circle Pithora District Mahasamund Chhattisgarh ... Non-Applicant For Applicants : Shri Sudhir Kumar Sahu, Advocate. For Non-Applicant : Smt. Smriti Shrivastava, PL. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 18/08/2026 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 applicants who have been arrested in connection with Crime No.50/2026 registered at Police Station Excise Circle KRISHNA KUMAR BARVE Digitally signed by KRISHNA KUMAR BARVE Date: 2026.08.19 18:24:37 +0530 2 Pithora, District Mahasamund (C.G.) for the offence under Section 34 (1)(a), 34 (2), 36 & 59 (a) of the CG Excise Act. 2. The prosecution case, in brief, is that on the date of the incident, the concerned police received information from the informant during patrolling that unknown persons have kept liquor illegally in their motorcycle for sale and the police conducted a raid and seized 16 liters of country made Mahua liquor from the place of the incident. Thereafter FIR was registered against the applicants. Hence the bail application. 3. Learned counsel for the applicants submits that the applicants are innocent and have been falsely implicated in the crime. The police has not seized any article from possession of the applicants as it was seized from open place. If the seized liquor is divided into two persons, very less quantity would remain for one person. The applicants do not have any criminal antecedents. The applicants are in jail since 13.6.2026. Therefore, the applicants 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 applicants do not have any criminal antecedents, and the charge sheet has been submitted against the applicants. 5. I have heard learned counsel appearing for the parties and perused the case diary. 3 6. Taking into consideration the facts and circumstances of the case, and the fact that the charge sheet has already been submitted against the applicants, the applicants do not have any criminal antecedents, which is mentioned in the bail application, they are in jail since 13.6.2026. and conclusion of trial is likely to take some time, this Court is of the view that the applicants are entitled to be released on bail in the present case. 7. Let the Applicant – Sampatlal Behra & Bedram Giri, involved in Crime No.50/2026 registered at Police Station Excise Circle Pithora, District Mahasamund (C.G.) for the offence under Section 34 (1)(a), 34 (2), 36 & 59 (a) of the CG Excise Act, be released on bail on each of them furnishing personal bond with two sureties in the like sum to the satisfaction of the Court concerned with the following conditions:- (i) The applicants shall file an undertaking to the effect that they 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 applicants shall remain present before the trial court on each date fixed, either personally or through their counsel. In case of their absence, without sufficient cause, the trial court may proceed against them under Section 269 of Bharatiya Nyaya Sanhita. (iii) In case, the applicants misuse the liberty of bail 4 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 applicants 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 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