1 CGHC010269972026 2026:CGHC:37883 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6362 of 2026 Khileshwar Bandhey S/o Johan Lal Bandhey Aged About 32 Years R/o Ward No. 7, Gram - Harnadadar, Tehsil - Bagbahra, P.S. Bagbahra, Dist. Mahasamund, (C.G.) ... Applicant versus State of Chhattisgarh Through Station House O5cer (S.H.O.) P.S. Bagbahra, Dist. Mahasamund, (C.G.) ... Non-applicant For Applicant : Mr. Rishi Jha Advocate along with Ms. Preeti Yadav, Advocate. For Non-applicant/State : Ms. Smriti Shrivastava, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 24.08.2026 1. This is the :rst bail application :led 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. 110/2026 registered at Police Station - Bagbahra, District - Mahasamund (C.G.), for the o=ence punishable under Section 34(2) of the C.G. Excise Act. 2. As per the prosecution story, on 18.06.2026, A.S.I. Suklal Bhoi of Police Station Bagbahra was on patrol duty along with police constables when he received information from an informant that a person named ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2026.08.25 11:04:21 +0530 2 Khileshwar Bandhey was illegally storing liquor for sale in a room situated behind his house in Village Harnadadar. Acting upon the said information, the police team proceeded to the applicant’s house and conducted a raid, during which, in a room situated near the backyard (Baari) of the house, the police allegedly found illicit liquor along with equipment allegedly used for its manufacture, namely, 8 plastic pouches containing 5 litres each of Mahua liquor, totalling 40 litres and valued at Rs. 8,000/-, 2 plastic pouches containing 10 litres each of Mahua liquor, totalling 20 litres and valued at Rs. 4,000/-, 2 gas cylinders valued at Rs. 2,000/-, 1 stove valued at Rs. 500/-, 2 aluminium pots valued at Rs. 500/- and 2 steel pots valued at Rs. 500/-. It was further alleged that the total recovery amounted to approximately 60 litres of illicit Mahua liquor along with the aforesaid manufacturing equipment, having a cumulative estimated value of Rs. 15,500/-. The applicant/accused, Khileshwar Bandhey, was arrested on 18.06.2026, and FIR No. 110/2026 was registered at Police Station Bagbahra for further investigation. 3. Learned counsel for the applicant submits that the present applicant has been falsely implicated in the present case. He submits that the alleged illicit liquor was not seized from the possession of the present applicant. He further submits that, under Section 34(2) of the C.G. Excise Act, the minimum punishment prescribed is one year, whereas the maximum punishment is three years. He also submits that the present applicant has one criminal antecedent under the Excise Act, in which he has already been acquitted, and an explanation in this regard has also been furnished in Part D of the present bail application. He further submits that the present applicant has been in custody since 18.06.2026 and that the conclusion of the trial is likely to take considerable time. Therefore, he prays for grant of regular bail to the applicant. 3 4. On the other hand, learned counsel for the State opposed the bail application and submits that the charge-sheet has been :led in the present case before the competent Court. 5. I have heard learned counsel appearing 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 present applicant has one criminal antecedent under the Excise Act, in which he has already been acquitted, and an explanation in this regard has also been furnished in Part D of the present bail application and also considering the fact that the charge-sheet has been :led and he has been in jail since 18.06.2026 and conclusion of the trial is likely to take some time, therefore, I am inclined to grant regular bail to the present applicant. 7. Let the applicant – Khileshwar Bandhey, involved in Crime No. 110/2026 registered at Police Station - Bagbahra, District - Mahasamund (C.G.), for the o=ence punishable under Section 34(2) of the C.G. Excise Act, be released on bail on his furnishing a personal bond with two sureties in the like sum to the satisfaction of the Court concerned with the following conditions:- (i) The applicant shall :le an undertaking to the e=ect 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 4 counsel. In case of his absence, without su5cient 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 :xed in such proclamation, then, the trial court shall initiate proceedings against his, 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 su5cient 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. O5ce 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 Abhishek