1 CGHC010278812026 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6512 of 2026 1 - Bihari Lal Yadav S/o Late Shri Chanduram Yadav Aged About 41 Years R/o Village Haradula, Tahsil - Charama District North Bastar Kanker, Chhattisgarh ... Applicant versus 1 - State Of Chhattisgarh Through Station House Officer Police Station - Narharpur Police Outpost - Halba, District North Bastar Kanker, Chhattisgarh --- Non-applicants) For Applicant : Mr. Sumit Shrivastava, Advocate For Non-applicant : Ms. Priya Sharma, P.L. Hon’ble Shri Justice Rakesh Mohan Pandey Order On Board 10.09.2026 1) The applicant has preferred this First Bail Application under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, he has been arrested in connection with Crime No. 140/2026 registered at Police Station Narharpur, Police Outpost- Halba, District North Bastar Kanker (C.G.) for the offence under Section 34(2) of the Chhattisgarh Excise Act. REKHA SINGH Digitally signed by REKHA SINGH DN: cn=REKHA SINGH, ou=HIGH COURT, o=HIGH COURT OF CHHATTISGARH, st=Chhattisgarh, c=IN Date: 2026.09.11 09:40:25 +0530 2 2) The case of the prosecution, in brief, is that on 08.07.2026, the police received secret information and, subsequently, seized country-made liquor and bottles of beer, totaling 10.170 bulk litres, from the exclusive possession of the appellant. Thereafter, the police registered the FIR against the applicant and arrested him. Consequently, the present bail application has been preferred by the applicant. 3) Learned counsel for the applicant would submit that, in the present case, the charge-sheet has been filed and the applicant is in jail since 08.07.2026. He would submit that, though there are two criminal antecedents against the applicant, one bearing Crime No.96/2025 for commission of an offence punishable under Section 34(1)(B) of the Chhattisgarh Excise Act, wherein the applicant has been acquitted, and the second case registered for commission of an offence under Section 20(B) of the NDPS Act is pending consideration. He would pray for grant of bail to the present applicant. 4) On the other hand, learned counsel appearing for the State/non- applicant would oppose the bail application and submit that one criminal case is still pending against the applicant; therefore, he is not entitled to be released on bail. 5) I have heard learned counsel for the parties and perused the case diary. 6) In the present case, the charge-sheet has already been filed. Though there were two criminal antecedents against the applicant but in one case, as informed, the applicant has been acquitted by the learned Trial Court, whereas the second case is still pending consideration. Further, the applicant is in jail since 08.07.2026. 3 7) Having considered the quantity of liquor seized, the fact that the charge-sheet has been filed, and the fact that the applicant is in jail since 08.07.2026, and considering that conclusion of the trial may take some time, this Court is of the view that the applicant is entitled to be released on bail in the present case. 8) Let the Applicant – Bihari Lal Yadav, involved in Crime No. 140/2026 registered at Police Station Narharpur, Police Outpost-Halba, District North Bastar Kanker (C.G.) for the offence under Section 34(2) of the Chhattisgarh 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 4 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 court to treat such default as abuse of liberty of bail and proceed against him in accordance with law. 9) Office is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance. Sd/- (Rakesh Mohan Pandey) JUDGE Rekha