1 CGHC010321122026 2026:CGHC:37644 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7653 of 2026 Motilal Bariha S/o Fulsingh Bariha Aged About 26 Years R/o Kargipali, Chouki Kankbira, Police Station - Sarangarh, District - Sarangarh - Bilaigarh (C.G.) ... Applicant versus State Of Chhattisgarh Through, P.S. Saraipali, District - Mahasamund (C.G.) ...Non-applicant For Applicant : Mr. Shubham Tripathi, Advocate. For Non-applicant/State : Ms. Sameeksha Gupta, Panel Lawyer. Hon'ble Shri Ramesh Sinha, Chief Justice Order on Board 21.08.2026 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. 160/2026 registered at Police Station – Saraipali, District - Mahasamund (C.G.), for the offences punishable under Section 34(2) of the Excise Act. 2. The prosecution case, in brief, is that on 09.05.2026, Head Constable Radhacharan Pradhan of Police Station Saraipali, upon receiving VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2026.08.21 15:01:48 +0530 2 information from an informer that Motilal Bariha was manufacturing mahua liquor in large quantities by setting up two furnaces near Kaura Nala of village Podpali and that the liquor so manufactured was being kept for sale, proceeded to the spot along with the accompanying police staff and witnesses to conduct a raid. During the raid, one person was found at the spot, who was surrounded and apprehended by the police staff and witnesses. Upon being asked his name, he disclosed his identity as Motilal Bariha. During the search, 1000 kg of mahua fruit was found stored in five large blue-coloured plastic drums, along with an old and used aluminium ganji used for manufacturing liquor, without any valid document or licence. Further, five large blue- coloured plastic drums having a capacity of 200 litres each and one blue-coloured plastic drum having a capacity of 200 litres were found at the spot. In addition, 75 litres of hand-made mahua liquor was found in a plastic drum of 100-litre capacity, another 75 litres of hand- made mahua liquor was found in a blue-coloured plastic drum of 200- litre capacity, and 50 litres of hand-made mahua liquor was found in a blue-coloured plastic drum of 100-litre capacity, making a total of 200 litres of hand-made mahua liquor allegedly in the possession of the applicant. On the basis of the aforesaid facts and circumstances, the police of Police Station Saraipali, District Mahasamund, registered the above-mentioned FIR against the applicant. 3. Learned counsel appearing for the applicant submits that the applicant is innocent and has been falsely implicated in the present case. It is further submitted that the applicant is the only son of his father, namely Ful Singh Bariha, who unfortunately expired on 11.08.2026, and the applicant, being the only son, is required to perform the last 3 rites and other customary obligations of his deceased father. It is also submitted that the charge-sheet has already been filed on 01.07.2026 and, therefore, there is no possibility of the applicant tampering with the material evidence collected during investigation. The applicant has been in custody since 09.05.2026, on these grounds, learned Counsel prays that the applicant may kindly be enlarged on bail. 4. On the other hand, learned State Counsel opposes the bail application of the present applicant and submits that the applicant has one previous criminal antecedents and that the charge-sheet has already been filed before the competent Court. Therefore, considering the criminal antecedents of the applicant and the stage of investigation, he is not entitled to the grant of regular bail. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the overall facts and circumstances of the case, the nature and gravity of the offence alleged against the applicant, the period of detention, as the applicant has been in judicial custody since 09.05.2026, the fact that charge-sheet has already been filed before the competent Court, and that the conclusion of the trial is likely to take considerable time, this Court is inclined to grant regular bail to the applicant. 7. Let the Applicant – Motilal Bariha, involved in Crime No. 160/2026 registered at Police Station – Saraipali, District - Mahasamund (C.G.), for the offences punishable under Section 34(2) of the Excise Act, be released on bail on his furnishing personal bond with two local sureties in the like sum to the satisfaction of the Court concerned with 4 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 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 his 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. 8. 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 Vaibhav