1 CGHC010325352026 2026:CGHC:41021 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7813 of 2026 Sitamber Bhagat S/o Late Shri Jageshwar Bhagat Aged About 41 Years R/o Village Dholnara, P.S. Tamnar, District Raigarh Chhattisgarh ... Applicant(s) versus State Of Chhattisgarh Through The Station House Officer, Police Station Tamnar, District Raigarh Chhattisgarh ... Non-Applicant(s) For Applicant : Mr. Rajendra Patel, Advocate. For Non-Applicant/State : Ms. Ritika Verma, Panel Lawyer Hon'ble Mr. Rakesh Mohan Pandey, Judge Order on Board 21/09/2026 1. The applicant has preferred this First Bail Application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as he has been arrested in connection with Crime No. 182/2026, registered at Police Station Tamnar, District Raigarh (C.G.), for the offence punishable under Sections 34(2) and 59-A of the Chhattisgarh Excise Act, 1915. 2. The prosecution case in brief is that the police of Police Station Tamnar, District Raigarh, received secret information that the KUNAL DEWANGAN Digitally signed by KUNAL DEWANGAN 2 applicant had kept illicit liquor for the purpose of sale. Acting upon the said information, the police conducted a raid at Village Dholnara and allegedly apprehended the applicant and seized 10 litres of mahua liquor kept in two plastic containers in the backyard of the applicant's house. Accordingly, the FIR was registered and the applicant was arrested for commission of the aforesaid offences. 3. Learned counsel for the applicant would submits that the applicant has been falsely implicated in the present case and the alleged liquor was seized from an open place, not from the conscious possession of the applicant. He would further submits that so far as the criminal antecedents of the applicant are concerned, he has four criminal antecedents, out of which two cases are under the Excise Act, one of which has been disposed of and the other is pending, while the remaining two cases are preventive in nature, which have been duly explained in Part-D of the bail application. He further submits that the applicant is in custody since 28.07.2026 and in the present case, charge-sheet has been filed before the competent Court and the conclusion of the trial is likely to take some time therefore, he prays for grant of bail. 4. On the other hand, learned State counsel would oppose the prayer for grant of bail and submits that the applicant has four criminal antecedents, out of which two cases are under the Excise Act and two cases are preventive in nature. She further submits that one case under the Excise Act is still pending as such, the applicant is a habitual offender and is not entitled to be released on bail. 3 5. I have heard learned counsel for the parties and perused the case diary and the material available on record. 6. Taking into consideration the facts and circumstances of the case, nature and gravity of the allegations alleged against the applicant, the criminal antecedents of the applicant, the quantity of liquor seized from his possession, the fact that the charge-sheet has been filed before the competent Court, the period of incarceration since 28.07.2026 and the fact that the conclusion of the trial is likely to take some time, I am inclined to grant regular bail to the applicant 7. Accordingly, the bail application of the applicant is allowed. It is directed that in the event of the applicant executing a personal bond for a sum of Rs.50,000/- with one surety in the like sum to the satisfaction of the concerned trial Court, he shall be released on bail on the following conditions:- (i) he shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such fact to the Court; (ii) he shall not act in any manner which will be prejudicial to fair and expeditious trial, & (iii) he shall appear before the trial Court on each and every date given to him by the said Court till disposal of the trial. 8. Office is directed to send a certified copy of this order to the trial Court for necessary information and compliance. dorthwith. - S/- Sd/- (Rakesh Mohan Pandey) Judge Kunal