Extracted from the PDF above. The PDF is authoritative.
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CGHC010335292026
2026:CGHC:42521
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8097 of 2026 Smt. Ratna Nishad W/o Ashwini, Kumar Nishad Aged About 46 Years R/o Jalpur P.S . Saraipali, District Mahasamund C. G.
... Applicant versus State Of Chhattisgarh Through- Exise Department Saraipali, Saripali, District Mahasamund C.G.
... Non-Applicant For Applicant : Shri Rahul Mishra, Advocate. For Non-applicant/State : Ms. Priya Sharma, Panel Lawyer
(HON’BLE SHRI JUSTICE RAKESH MOHAN PANDEY)
Order on Board 30/09/2026
1. This is the first bail application filed under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No. 85/2026 registered at Police Station through Excise Department, Saraipali, Dist. Mahasamund (C.G.), for the offence punishable under Sections 34(2) of the C.G. Excise Act, 1915 against the present applicant.
2. Case of the prosecution, in brief, is that on 09.08.2026 police of Excise Circle Sarapali has seized 10 liters of hand-distilled Mahua liquor along with 150 kg of Mahua Lahan from the possession of the present applicant. Thereafter, the aforesaid case was registered against the present applicant. Digitally signed by ALLENA ANJANI KUMAR Date: 2026.10.01 15:30:52 +0530
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3.
Learned Counsel for the applicant would submit that the present applicant has been falsely implicated in this case and the said 10 liters Mahua liquor along with 150 kg of Mahua lahan was not seized from the exclusive possession of the applicant. It is further argued by him that the present applicant has no criminal antecedents under the Excise Act and under Section 34(2) of the C.G. Excise Act, minimum punishment is one year and maximum punishment is three years and the present applicant has been in jail since 09.08.2026, conclusion of the trial is likely to take some considerable time. Therefore, he would pray for grant of regular bail to the applicant.
4. On the other hand, learned counsel for the State would oppose the bail application and submit that the applicant may abscond, if the bail is granted to him, therefore he is not entitled for grant of regular bail in the present case.
5. I have heard learned counsel appearing for the parties and perused the case diary.
6. Taking into consideration the facts and circumstances of the case and having considered the quantity of liquor seized from the possession of the applicant, charge-sheet has been filed and that, there is only one criminal antecedent pending against the present applicant before the competent Court and he is in jail since 09.08.2026, conclusion of the trial may take some more time, without making any observation on merits of the matter, this Court is of the view that the applicant is entitled to be released on bail in this case. Accordingly, the bail application is allowed.
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7. It is directed that applicant be released on bail on his furnishing a personal bond in sum of Rs.50,000/- with one surety in the like sum to the satisfaction of the Court concerned with 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. Sd/-
(Rakesh Mohan Pandey)
JUDGE Anjani