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2026 DAILYLAW 37915 (CHH)

SHIVA PARDHI v. THE STATE OF CHHATTISGARH

MCRC/8648/2026 · 2026-09-28

Shri Rakesh Mohan Pandey

body2026

Judgment text

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1 CGHC010361932026 2026:CGHC:42436 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8648 of 2026 1 - Shiva Pardhi S/o Jalebi Lal Pardhi Aged About 21 Years R/o Village Buchidih P.S. Berla, District- Bemetara (C.G.) ... Petitioner(s) versus 1 - The State Of Chhattisgarh Through Station House Officer, Excise Circle Berla District- Bemetara (C.G.) (Circle Bemetara Is Wrongly Mentioned In The Order Sheet) ... Respondent(s) For Applicant : Mr. Amit Kumar Sahu, Advocate. For Non-Applicant/State : Ms. Ankita Shukla, P.L. Hon'ble Shri Justice Rakesh Mohan Pandey Order on Board 29.09.2026 1) The applicant has preferred this First Bail Application under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as he has been arrested in connection with Crime No.45/2026, registered at Police Station Excise Circle Berla, District – Bemetara (C.G.) for the offence punishable under Sections 34(1)(a), NIRMALA RAO 2 34(2) & 59(A) of the C.G. Excise Act. 2) The case of the prosecution, in brief, is that the police of Police Station Berla, District Bemetara (C.G.), received information from the informant and, on the basis of the said information, conducted a raid and seized 53 bulk litres of country made 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 53 bulk litres of country-made liquor were allegedly seized from the possession of the present applicant and that the applicant has been in jail since 10.7.2026, and the trial is likely to take some time to conclude. 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. She further submits that 53 bulk litres of country- made liquor were seized from the possession of the present applicant. She also submits that two criminal antecedents were registered against the present applicant. A similar offence was registered against the applicant in the year 2023 and is still pending, while another case for commission of an offence punishable under Section 36(F)(1) of the Chhattisgarh Excise Act was registered in the year 2025. Therefore, he is not entitled to grant of regular bail. 5) I have heard learned counsel for the parties and perused the case- diary. 3 6) Having considered the fact that a similar offence registered against the applicant in the year 2023 is still pending, that another case for commission of an offence punishable under Section 36(F)(1) of the Chhattisgarh Excise Act was registered in the year 2025, and further considering the quantity of liquor seized, the fact that the charge-sheet has been filed, that the applicant has been in jail since 10.7.2026, and that the conclusion of the trial is likely to take some time, I am inclined to grant regular bail to the present applicant. 7) 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:- (a) he shall make himself available for interrogation by the police officer as and when required; (b) 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; and (c) he shall not act in any manner which will be prejudicial to a fair and expeditious trial. The observation made hereinabove is for the purpose of deciding this bail application only, the learned trial Court shall decide the case on its own merits. Sd/- (Rakesh Mohan Pandey) Judge Nimmi