1 CGHC010289652026 2026:CGHC:36796 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7548 of 2026 Bande Kumar Loniya S/o Shri Dhaniram Loniya Aged About 36 Years R/o Village Ghutku, Police Station – Koni, District - Bilaspur (C.G.) ... Applicant versus State of Chhattisgarh Through S H O, P. S. Koni, District - Bilaspur (C.G.) ... Non-Applicant For Applicant : None. For Non-Applicant/State : Mr. Sangharsh Pandey, Government Advocate. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 1 8.08.2026 1. None appears on behalf of learned counsel for the applicant to press this bail application. The applicant is in jail since 28.08.2025, hence this Court proceeds to consider of this bail application with the assistance of learned State counsel. 2. This is the Second bail application filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No. 402/2025 registered at Police Station – Koni, District - Bilaspur (C.G.), for the offence punishable under Sections 105 and 3(5) of Bharatiya Nyaya Sanhita, 2 2023. 3. The first bail application of the applicant was rejected by this Court on merit vide order dated 12.01.2026 passed in MCRC No. 346/2026. 4. The case of the prosecution, in brief, is that on 08.02.2025, the deceased, Budhram Patel, was feeling unwell and was admitted to CIMS for treatment. However, during the course of treatment, he expired. Thereafter, upon receiving information regarding his death, a merg was registered. During the course of the merg inquiry, it was found that the deceased had consumed country-made liquor, which he had allegedly purchased from one Panch Bai @ Pancho Lahre. In her memorandum, Panch Bai disclosed that the said liquor had been supplied to her by the present applicant. Accordingly, the applicant was implicated in the case and arrested for the alleged commission of an offence punishable under Sections 105 and 3(5) of the BNS, 2023. 5. It has been pleaded in the bail application that the applicant’s first bail application was rejected on merits by this Court vide order dated 12.01.2026 passed in MCRC No. 346/2026. The applicant has been in custody since 28.08.2025 and has eight previous criminal antecedents, out of which he has been acquitted in two cases, one case has been disposed of, and the remaining cases are pending. 6. Learned counsel for the State opposes the present bail application and submits that the applicant’s first bail application was rejected by this Court on the ground that the applicant had illegally manufactured country-made Kachi Mahua liquor at his residence by fermenting mahua and jaggery in plastic containers for 8–10 days. It was further observed that, between 02.09.2024 and 05.02.2025, the applicant had allegedly supplied the said illicit liquor to co-accused Panchvati @ Panch Bai @ Pancho Lahre for its 3 sale and distribution in the surrounding area, and that consumption of the liquor so manufactured and supplied by the applicant resulted in the death of five persons, including the deceased in the present case. It is further submitted that the bail application of co-accused Panchvati @ Panch Bai @ Pancho Lahre was rejected by this Court in MCRC No. 10278/2025 vide order dated 12.12.2025. In the present case, there is no change in circumstances and no new ground has been raised in the present bail application. Hence, the applicant is not entitled to the grant of bail. 7. I have heard learned counsel appearing for the parties and perused the case diary. 8. From perusal of the order dated 12.01.2026, it is apparent that the first bail application of the applicant was rejected on the ground that the applicant had illegally manufactured country-made Kachi Mahua liquor at his residence by fermenting mahua and jaggery in plastic containers for 8–10 days. It was further observed that, between 02.09.2024 and 05.02.2025, the applicant had allegedly supplied the said illicit liquor to co-accused Panchvati @ Panch Bai @ Pancho Lahre for its sale and distribution in the surrounding area, and that consumption of the liquor so manufactured and supplied by the applicant resulted in the death of five persons, including the deceased in the present case. It is further submitted that the bail application of co-accused Panchvati @ Panch Bai @ Pancho Lahre was rejected by this Court in MCRC No. 10278/2025 vide order dated 12.12.2025. In the present case, there is no change in circumstances and no new ground has been raised in the present bail application. 9. Accordingly, the second bail application of the applicant - Bande Kumar Loniya filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, involved in Crime No. 402/2025 registered at Police Station – Koni, 4 District - Bilaspur (C.G.), for the offence punishable under Sections 105 and 3(5) of Bharatiya Nyaya Sanhita, 2023, is rejected. 10.After passing of the order, Mr. Dheerendra Pandey, learned counsel for the applicant, appeared and submitted that his presence may be marked. 11.Needless to say that the learned trial Court concerned is at liberty to proceed with the trial and conclude the same expeditiously. 12.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