1 / 3 CGHC010341322026 2026:CGHC:39372 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8279 of 2026 • Nityanand Sand S/o Shri Bhakhari Sand Aged About 30 Years R/o Village Barmunda, P.S. Bijepur, Distt. Bargarh, Odissa. ... Applicant versus • State Of Chhattisgarh Through The Station House Officer, P.S. Pithoura, Distt. Mahasamund, Chhattisgarh. ... Non-applicant For Applicant : Mr. Sumit Shrivastava, Advocate For State : Mr. H.A.P.S. Bhatia, Panel Lawyer Hon'ble Shri Parth Prateem Sahu, Judge ORDER ON BOARD 08/09/2026 1. Applicant has filed this first bail application under Section 483 of Bhartiya Nagrik Suraksha Sanhita, 2023 for grant of regular bail as he has been arrested in connection with Crime No. 145/2026 registered at Police Station – Pithoura, District Mahasamund (C.G.) for offence punishable under Section 34(2) of the Chhattisgarh Excise Act. 2. Case of prosecution in brief is that on 08.06.2026 police of the concerned police station received a secret information that one Chamru Yadav is in possession of illicit liquor. Based on the information, police reached the spot and upon search have seized 62.460 litres of country liquor and foreign liquor from possession of co-accused Chamru Yadav, he has been arrested and based on his memorandum statement, applicant was arrested on 11.08.2026. PAWAN KUMAR JHA Digitally signed by PAWAN KUMAR JHA 2 / 3 3. Learned counsel for applicant submits that the applicant is innocent, he has been falsely implicated in the instant case. On the date of seizure of alleged liquor, applicant was in jail and therefore he cannot be implicated in the instant crime. 4. On the other hand, learned State counsel opposes the submission of learned counsel for applicant. However, he does not dispute the submission of learned counsel for applicant that on the date of seizure of alleged liquor, applicant was in jail. 5. I have heard learned counsel for the parties. 6. On due consideration of the facts and circumstances of the case, nature of allegation, submission of learned counsel for the parties, and the fact that charge-sheet has been filed and applicant is in jail since 11.08.2026; trial may take some time, without commenting anything on merits of the case, I am inclined to allow this bail application. 7. Accordingly, bail application is allowed. It is directed that the applicant shall be released on regular bail, upon furnishing a bail bond in the sum of ₹ 25,000/- with one surety in like sum to the satisfaction of the Court on the conditions that- (a) 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. (b) The applicant shall remain present before the trial court on each date fixed, either personally or through him counsel. In case of him absence, without sufficient cause, the trial court may proceed against him under Section 269 of Bharatiya Nyaya Sanhita. (c) 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. (d) 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 statement under Section 351 of 3 / 3 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/- (Parth Prateem Sahu) pwn JUDGE