1 2026:CGHC:11042 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 2106 of 2026 Sundar Lal Jolhe S/o Sunmani Jolhe, Aged About 31 Years R/o Village Gudeli, Thana And Tehsil Sarangarh, District Sarangarh- Bilaigarh C.G. ... Applicant(s) versus State Of Chhattisgarh Through Station House O,cer, Police Station- Excise Area Sarangarh, District Sarangarh- Bilaigarh C.G. ... Non-applicant(s) For Applicant : Mr. Pramod Kumar Navratna, Advocate For Non-applicant/State : Ms. Smriti Shrivastava, Panel Lawyer Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 03.03.2026 1. The applicant has preferred this First Bail Application under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as he has been arrested in connection with Crime No. 121/2025, registered at Police Station : Excise Area Sarangarh District- Sarangarh-Bilaigarh (C.G.) for the o=ence punishable under Sections 34(1)(a)(f), 34(2) and 59(a) of the C.G. Excise Act. 2. The case of the prosecution, in brief, is that the Police of Police Station Excise Area Sarangarh, District- Sarangarh-Bilaigarh (C.G.), received a secret information from the informant that KUNAL DEWANGAN Digitally signed by KUNAL DEWANGAN 2 accused had kept liquor for selling purposes, on the basis of such information, the concerned Police o,cials reached on the spot, conducted raid and have seized 24 pieces of handmade raw Mahua packed in plastic foil, 5 liters each, total 120 liters of crushed Mahua and 60-piece plastic bags of Mahua lahan, 20 kg each per bag total 1200 kg from the possession of the applicant. Thereafter, Police has registered an o=ence punishable under Sections 34(1)(a)(f), 34(2) and 59(a) of the C.G. Excise Act against the present applicant. 3. Learned counsel for the applicant submits that the applicant has been falsely implicated in the present case and has no nexus with the incident alleged by the prosecution. It is further submitted that the seizure witnesses have turned hostile and have not supported the prosecution story, they have neither identiBed the applicant nor supported the alleged seizure. It is also submitted that the alleged seizure of country-made liquor was e=ected from a public road and there was no exclusive possession of the applicant, therefore no o=ence is made out against him and he is entitled to be released on bail. He further submit that submits that under Section 34(2) of the Excise Act, minimum punishment is one year and maximum punishment is three years and the applicant is in jail since 28.12.2025 and the applicant has no criminal antecedent and in the present case, charge-sheet has been Bled before the competent Court and the trial is likely to take some time for its conclusion, therefore, he prays for grant of bail. 3 4. On the other hand, the learned State counsel opposes the bail application and submits that in the present case, charge-sheet has been Bled before the competent Court and the applicant has no criminal antecedent, further the quantity of liquor seized from the possession of the present applicant i.e. 45 bulk liters of country made liquor therefore, he is not entitled for grant of bail. 5. I have heard learned counsel for the parties and perused the case- diary. 6. Taking into consideration the facts and circumstances of the case, nature and gravity of allegation levelled against the applicant and the fact that the applicant has no criminal antecedent and in the present case, charge-sheet has been Bled before the competent Court further the quantity of liquor seized from the possession of the applicant i.e. 24 pieces of handmade raw Mahua packed in plastic foil, 5 liters each, total 120 liters of crushed Mahua and 60-piece plastic bags of Mahua lahan, 20 kg each per bag total 1200 kg and he is in jail since 28.12.2025 and conclusion of the trial is likely to take some time, therefore, I am inclined to grant regular bail to the present applicant. 7. Accordingly, the bail application is allowed. 8. Let applicant, Sundar Lal Jolhe, involved in Crime No. 121/2025, registered at Police Station : Excise Area Sarangarh District- Sarangarh-Bilaigarh (C.G.) for the o=ence punishable under Sections 34(1)(a)(f), 34(2) and 59(a) of the C.G. 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 4 following conditions:- (i) The applicant shall Ble an undertaking to the e=ect that he shall not seek any adjournment on the dates Bxed 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 Bxed, either personally or through his counsel. In case of his absence, without su,cient 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 Bxed 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 Bxed 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 su,cient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against him 5 in accordance with law. 9. O,ce is directed to send a certiBed copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Kunal