1 MCRC No. 8296 of 2026 CGHC010347062026 2026:CGHC:39500 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8296 of 2026 1. Set Kumar Bariha S/o Chamar Singh Bariha, Aged About 19 Years, R/o Hattapali, Thana Dongripali, District Sarangarh-Bilaigarh Chhattisgarh. 2. Sanudhar Bariha S/o Indramani Bariha, Aged About 30 Years, R/o Pikrijharan, Thana Ambabhouna, District Bargarh Odisa. ... Applicants versus  State of Chhattisgarh Through Station House Officer, Police Station Sariya, District Sarangarh-Bilaigarh Chhattisgarh. ... Respondent For Applicants :- Mr. Udho Ram Koshaley, Advocate. For State :- Mr. H.A.P.S. Bhatia, Panel Lawyer. Hon'ble Shri Parth Prateem Sahu, Judge Order on Board 09/09/2026 1. Applicants have filed this first bail application under Section 483 of Bhartiya Nagrik Suraksha Sanhita, 2023 for grant of regular bail as they have been arrested in connection with Crime No. 171/2026 registered at Police Station – Sariya, District Sarangarh (C.G.) for offence punishable under Sections 34(2) and 59(a) of the Chhattisgarh Excise Act. ANKIT KUMAR SINGH Digitally signed by ANKIT KUMAR SINGH 2 MCRC No. 8296 of 2026 2. Case of prosecution, in brief, is that on 01.08.2026 secret information was received from the informant to the police that two unknown persons were coming from Odisa to Kenabhatha, Karrakot and on the basis of said information police conducted search. During search, police recovered 50 litre illegal hand made Kachchi Mahua liquor from the possession of the present applicants in green plastic bag. Based on the seizure, applicants were arrested on same date. 3. Learned counsel for applicants submits that the applicants are innocent, they have been falsely implicated in the instant case. Age of the applicants No.1 & 2 are 19 years and 30 years, respectively. The alleged liquor was not recovered from the exclusive possession of the applicants and the same was recovered from the open place and the applicants have no criminal antecedents. The applicants are in jail since 01.08.2026. Charge-sheet has been filed. He would further submit that the trial may take some time and, therefore, applicants may be released on bail. 4. On the other hand, learned State counsel opposes the submission of learned counsel for applicants and would submit illicit liquor has been seized from the possession of the applicants. Upon putting query, he would submit that there is no criminal antecedent of the applicants. 5. I have heard learned counsel for the parties and considered their submissions. 3 MCRC No. 8296 of 2026 6. Taking into consideration, facts and circumstances of the case, nature of allegation, submission of learned counsel for the parties, charge-sheet has been filed and also considering the tender age one of the applicant who is 19 years, they have no criminal antecedent and further considering the fact that the trial may take some more 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 applicants shall be released on regular bail, upon furnishing bail bonds in the sum of ₹ 25,000/- each with one surety in like sum to the satisfaction of the Court on the conditions that- (a) The applicant(s) 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(s) 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(s) 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(s) 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. 4 MCRC No. 8296 of 2026 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) Judge Ankit