1 CGHC010294862026 2026:CGHC:34210 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7147 of 2026 Sanjay Kumar Patle S/o Kaushal Prasad Aged About 34 Years R/o Nariyara P.S. Mulmula, Distt. Janjgir Champa, Chhattisgarh. ... Applicant versus State Of Chhattisgarh Through The District Magistrate Janjgir Champa, Distt. Janjgir Champa, Chhattisgarh. ...Non-applicant For Applicant : Mr. Vikas Kumar Pandey, Advocate. For Non-applicant/State : Mr. Sourabh Sahu, Panel Lawyer. Hon'ble Shri Ramesh Sinha, Chief Justice Order on Board 05.08.2026 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. 172/2026 registered at Police Station – Mulmula District - Janjgir Champa, (C.G.), for the offences punishable under Section 34(2) of the Excise Act. 2. The prosecution case, in brief, is that on 15.05.2026 a information was VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2026.08.06 10:59:13 +0530 2 received to police of police station Mulmula that the present applicant is in illegal possession of 14.760 bulk litter liquor (country made) and is trying to sale the same. 3. Learned Counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case. It is further submitted that no liquor has been seized from the possession of the applicant and the police have not conducted a fair and proper inquiry before implicating him in the alleged offence. Learned Counsel further submits that the applicant has never been involved in any criminal activity and has no criminal antecedents. It is also submitted that the applicant is the bread earner of his family and his prolonged pre-trial incarceration is adversely affecting the livelihood of his family members. The applicant has been in judicial custody since 15.05.2026. 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 seven 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 3 15.05.2026, 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 – Sanjay Kumar Patle, involved in Crime No. 172/2026 registered at Police Station – Mulmula District - Janjgir Champa, (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 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 4 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