1 CGHC010248012026 2026:CGHC:36864 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5971 of 2026 Lakhan Kumar Kathlane S/o-Tulsi Kathlane, Aged About 35 Years R/o- Kanshiram Chowk- Raigarh, Tahsil And District- Raigarh (C.G.) ... Applicant(s) versus State Of Chhattisgarh Through- S.H.O. Of The Police Station, Punjipathara, And District- Raigarh (C.G.) .. Non-applicant(s) For Applicant : Mr. Abhishek Saraf, Advocate For Non-applicant/State : Mr. Sourabh Sahu, Panel Lawyer Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 18.08.2026 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. 136/2026, registered at Police Station Punjipathara, District- Raigarh (C.G.) for the o9ence punishable under Sections 34(2) and 59(A) of the C.G. Excise Act. 2. The case of the prosecution, in brief, is that on the basis of the information received from the informer, on 08.06.2026, the present applicant was found involved in storage of total 40 liters of country- KUNAL DEWANGAN Digitally signed by KUNAL DEWANGAN 2 made liquor, which was seized from the possession of the applicant/accused. Thereafter, the case was taken up for investigation and the applicant was arrested on 08.06.2026 for the o9ences punishable under Sections 34(2) and 59(A) of the C.G. Excise Act. After completion of investigation, charge-sheet has been ?led before the competent Court. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case. He further submits that the applicant is not aware as to how his name has been implicated in connection with the place where the alleged liquor was found nearby and he has been falsely roped in the present case. It is further submitted that there is no direct evidence available on record to attract the alleged o9ences against the applicant and therefore, it cannot be said that the seized contraband exclusively belonged to the applicant. He further submits that under Section 34(2) of the Excise Act, minimum punishment is one year and maximum punishment is three years. He further submits that the applicant has one criminal antecedent of similar nature, however, he has already been acquitted in the said case and the same has been explained in the bail application of part D criminal antecedents. He further submits that the applicant is in jail since 08.06.2026 and charge-sheet has been ?led before the competent Court and the conclusion of the trial is likely to take some time. Therefore, he prays for grant of regular bail to the applicant. 4. On the other hand, the learned State counsel opposes the bail application and submits that in the present case, total 40 liters of 3 country liquor was seized from the possession of the applicant. He further submits that the applicant has one criminal antecedent of similar nature, however, he fairly submits that the applicant has already been acquitted in the said case but considering the quantity of liquor seized from the possession of the applicant, 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 one criminal antecedent of similar nature, however, he has already been acquitted in the said case, as the same has been explained in the bail application of part-D criminal antecedent and further considering the fact that charge- sheet has been ?led before the competent Court and the quantity of liquor seized from the possession of the applicant i.e. 40 liters of country liquor and he is in jail since 08.06.2026 and the 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, Lakhan Kumar Kathlane, involved in Crime No. 136/2026, registered at Police Station Punjipathara, District- Raigarh (C.G.) for the o9ence punishable under Sections 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 following conditions:- 4 (i) The applicant shall ?le an undertaking to the e9ect that he shall not seek any adjournment on the dates ?xed 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 ?xed, either personally or through his counsel. In case of his absence, without suAcient 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 ?xed 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 ?xed 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 suAcient 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. 9. OAce is directed to send a certi?ed copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Kunal