1 CGHC010315312026 2026:CGHC:36600 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7602 of 2026 Ashok Ratre S/o Jagatu Ratre Aged About 35 Years R/o Village Toshhgaon, P.S. Basna Tehsil Basna District Mahasamund (C.G.) ... Applicant versus State of Chhattisgarh Through Station House O/cer, Police Station Basna District Mahasamund (C.G.) ... Non-applicant For Applicant : Mr. Sudhir Kumar Sahu, Advocate. For Non-applicant/State : Ms. Ritika Verma, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 17.08.2026 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. 217/2026, registered at Police Station – Basna, 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, in brief, is that the police received secret information from an informant that, on the date of the incident, i.e., 30.04.2026, an unknown person was illegally carrying and keeping liquor in his motorcycle for the purpose of selling the same near Dani Talab Med. Acting upon the said information, the police seized 30 litres of country-made Mahua liquor from the place of incident, which was an ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2026.08.18 16:11:02 +0530 2 open place. The said person failed to produce any document or authority for possessing the seized liquor. Accordingly, the police registered a case against the accused/applicant for the o=ence punishable under Section 34(2) of the Chhattisgarh Excise Act. 3. It is argued by the learned counsel for the applicant that the applicant is falsely implicated in this case. He also submits that the present applicant has no criminal antecedents. He further submits that under Section 34(2) of the Excise Act, minimum punishment is one year and maximum punishment is three years, and the applicant is in jail since 30.04.2026 and the trial is likely to take some time for its conclusion, therefore, he prays for grant of regular bail to the present applicant. 4. On the other hand, the learned State counsel opposes the bail application and also endorse the submissions made by the learned counsel for the applicant that the present applicant has no criminal antecedents and submits that the charge-sheet has already been Dled before the competent Court. 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 no previous antecedents and also considering the fact that the charge-sheet has been Dled and he is in jail since 30.04.2026 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 applicant, Ashok Ratre, involved in Crime No. 217/2026, registered at Police Station – Basna, District – Mahasamund, (C.G.) for the o=ence punishable under Section 34(2) 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:- 3 (i) The applicant shall Dle an undertaking to the e=ect that he shall not seek any adjournment on the dates Dxed 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 Dxed, either personally or through his counsel. In case of his absence, without su/cient 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 Dxed 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 Dxed 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 su/cient 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. O/ce is directed to provide a certiDed copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Abhishek