1 CGHC010306702026 2026:CGHC:39665 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7288 of 2026 1 - Sarnath Kurrey S/o Khushram Kurrey Aged About 35 Years Caste Satnami R/o Village Kusmul, P.S. Dabhara, District- Sakti, (C.G.) ... Petitioner(s) versus 1 - State Of Chhattisgarh Through The Circle Inspector, Excise Circle Dabhara, District- Sakti, (C.G.) ... Respondent(s) For Applicant : Shri Tapan Chandra, Advocate. For Non-Applicant/State : Shri Vivek Sharma, P.L. Hon'ble Shri Justice Rakesh Mohan Pandey Order on Board 10.09.2026 Heard. 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.83/2026, registered at Police Station Excise Circle Dabhara, District – Sakti (C.G.) for the offence punishable under Section 34(2) of the C.G. Excise Act. NIRMALA RAO 2 2) The case of the prosecution, in brief, is that the police of Police Station Excise Circle Dabhara, District Sakti (C.G.), received information from the informant and, on the basis of the said information, conducted a raid and seized 26 bulk litres of handmade mahuwa liquor from the possession of the present applicant. Thereafter, the police registered the aforesaid offence against the present applicant. 3) It is argued by learned counsel for the applicant that the applicant has been falsely implicated in this case. He further submits that the present applicant has no criminal antecedents. He also submits that under Section 34(2) of the Excise Act, the minimum punishment is one year and the maximum punishment is three years. He submits that the applicant has been in jail since 20.7.2026 and that 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, learned State counsel opposes the bail application and submits that the charge-sheet has already been filed before the competent Court. He further submits that 26 bulk litres of handmade mahuwa liquor was seized from the possession of the present applicant; therefore, he is not entitled to grant of regular bail. 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, the nature and gravity of the allegations levelled against the applicant, and considering the fact that the charge-sheet has been filed and the applicant has been in jail since 20.7.2026, and that the conclusion of 3 the trial is likely to take some time, I am inclined to grant regular bail to the present applicant. 7) Let applicant, Sarnath Kurrey, involved in Crime No.83/2026, registered at Police Station Excise Circle Dabhara, District – Sakti (C.G.) for the offence 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:- (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 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 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 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 4 court to treat such default as abuse of liberty of bail and proceed against him in accordance with law. 8) The Office is directed to provide a certified copy of this order to the concerned trial Court for necessary information and compliance forthwith. Sd/- (Rakesh Mohan Pandey) Judge Nimmi