1 CGHC010253942026 2026:CGHC:36366 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6337 of 2026 Bhakchand Nag S/o Late Amar Singh Nag Aged About 46 Years R/o House No. 156 Ward No. 08 School Para P.O. Madhota Thana Bhanpuri Distt. Bastar C.G. --- Applicants versus State Of Chhattisgarh Through P.S.- Excise Circle Jagdalpur District- Bastar, Chhattisgarh --- Non-Applicant MCRC No. 6340 of 2026 Yado Ram Manjhi S/o Late Sukh Ram Manjhi Aged About 35 Years R/o Niche Para Usari Bastar Thana And Distt. Bastar Chhattisgarh ---Applicant Versus State Of Chhattisgarh Through P.S. Excise Circle Jagdalpur Distt. Bastar Chhattisgarh --- Non-Applicant MCRC No. 6358 of 2026 Laikhan Mourya S/o Jagturam Mourya Aged About 37 Years R/o House No. 29 Khalepara Deoda, Thana Bhanpuri, Distt. Bastar, Chhattisgarh. ---Applicant Versus KRISHNA KUMAR BARVE Digitally signed by KRISHNA KUMAR BARVE Date: 2026.08.17 11:16:45 +0530 2 State Of C.G. Through P.S. Excise Circle Jagdalpur, Distt. Bastar, Chhattisgarh. --- Non-Applicant For Applicants : Shri Santosh Bharat, Advocate. For Non-Applicant : Shri Shailendra Sharma, PL. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 14/08/2026 1. Since the aforesaid bail applications arise out of same crime number, they are being disposed of by this common order. 2. These are the first bail applications 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.13/2026 registered at Police Station Excise Circle Jagdalpur, District Bastar (C.G.) for the offence under Sections 34(1)(A), 34 (2), 36 & 59(a) of the CG Excise Act. 3. The prosecution case, in brief, is that on the basis of secret information, after informing present applicants and obtaining their consent for search, 09 bulk liters of foreign liquor kept in the front of the bike was recovered from Bhakchand Nag. 18 bulk litres of foreign liquor kept in a red colour plastic bag in the middle of the bike by Yaado Ram Manjhi and Lakhan Maurya, was recovered from both the persons. On strict interrogation of the three, it was revealed that the accused had hidden 40 crates of liquor kept 3 next to the segregation shed in the market place with intention of selling them. On searching the place mentioned by the accused, 360 bulk litres of foreign liquor kept in 40 brown colored pit cartons covered with a yellow tarpaulin, were recovered. Thus, 387 bulk liters of foreign liquor was seized from the present applicants. Thereafter the FIR was registered against them. Hence the bail applications. 4. It has been argued by learned counsel for the applicants that the applicants are innocent and have been falsely implicated in the crime. He submits that applicant Bhakchand Nag does not have any criminal antecedent whereas, as against applicants Yado Ram Manjhi & Laikhan Mourya, one case under the Excise Act has been registered. The applicants are in jail since 20.5.2026. Therefore, the applicants may be released on bail. 5. On the other hand, learned counsel appearing for the State/non- applicant would oppose the bail applications and submit that applicant Bhakchand Nag does not have any criminal antecedent whereas, as against applicants Yado Ram Manjhi & Laikhan Mourya, one case under the Excise Act has been registered, and the charge sheet has been submitted against the applicants. Therefore, the bail applications may be rejected. 6. I have heard learned counsel appearing for the parties and perused the case diary. 4 7. Taking into consideration the facts and circumstances of the case, and the fact that the charge sheet has already been submitted against the applicants, applicant Bhakchand Nag does not have any criminal antecedent whereas, as against applicants Yado Ram Manjhi & Laikhan Mourya, one case under the Excise Act has been registered, which is mentioned in the respective bail applications, the applicants are in jail since 20.5.2026 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. Accordingly, the Applications are allowed. 8. Accordingly, the Applications are allowed. 8. Let the Applicant – Bhakchand Nag, Yado Ram Manjhi & Laikhan Mourya, involved in Crime No.13/2026 registered at Police Station Excise Circle Jagdalpur, District Bastar (C.G.) for the offence under Sections 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 his absence, 5 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 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. 9. 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