CGHC010323972026 2026:CGHC:37488 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7727 of 2026 Toshan Kumar Miri S/o Manaram Miri, Aged About 29 Years R/o Village Dhobghatti, Police Station - Nandghat, District - Bemetara (C.G.) ... Petitioner(s) versus State Of Chhattisgarh Through The Station House Officer, Police Station - Nandghat, District Bemetara (C.G.) ... Respondent(s) (Cause title is taken from the CIS) ------------------------------------------------------------------------------------------------------------------ For Applicant : Shri Rajendra Patel, Advocate For Respondent/State : Shri Sidhanth Tiwari, PL ------------------------------------------------------------------------------------------------------------------ Hon'ble Shri Justice Ravindra Kumar Agrawal Order on Board 20.08.2026 1. Heard on the application filed under Section 483 of the Bharatiya Nagrik Suraksha Sanhita (BNSS 2023). This is the 2nd bail application before this Court filed by the applicant for grant of regular bail. The first bail application has been rejected by this Court vide order dated 24.07.2026 passed in MCRC- 6541 of 2026. 2. The applicant was arrested on 16.05.2026 in connection with Crime No.114 of 2026, registered at PS-Nandghat, District- Bemetara, Chhattisgarh for the offence punishable under Sections 34(2) of the CG Excise Act. Digitally signed by V PADMAVATHI Date: 2026.08.24 15:23:33 +0530 Mcrc 7727 of 2026 2 3. Case of the prosecution in brief is that on 16.05.2026, on the basis of secret information, Police personnel of Nandghat intercepted the present applicant near Tarpongi Tiraha, village-Nandghat and seized 8.82 bulk litre of country-made liquor from his possession. Thereafter, FIR was registered and after investigation, charge-sheet has been filed. 4. Learned counsel for the applicant would submit that one seizure witness has been examined as PW1, who has not supported the prosecution case. Applicant is in jail since 16.05.2026 and charge-sheet has been filed and final adjudication of the case will take its own time. Hence, he has filed this 2nd bail application. He would also submit that earlier, on the ground of his past criminal antecedents, his 1st bail application has been rejected, whereas, out of 5 criminal antecedents, under the Chhattisgarh Excise Act, 03 offences are under Section 36(3) CG Excise Act, 01 offence was under Section 34(2) CG Excise Act and the other offence is under the IPC. Looking to the quantity of liquor seized from him, and his detention period, he may be released on bail. 5. On the other hand, learned State counsel opposes the bail application, and would submit that the first bail application of the applicant was dismissed on merit vide order dated 24.07.2026 and there is no change of circumstance in the case. Therefore, his second bail application is liable to be dismissed. 6. Heard learned counsel for the parties and perused the documents annexed with the bail application. 7. Considering the submissions made by learned counsel for the parties, considering nature of offence, further considering that the first bail application of the application has been dismissed on merits vide order 24.07.2026 and Mcrc 7727 of 2026 3 merely examination of one of the seizure witnesses does not change the circumstance. Therefore, his second bail application is liable to be and it is hereby dismissed. Certified copy as per rules. Sd/- (Ravindra Kumar Agrawal) JUDGE padma