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2026 DAILYLAW 38459 (CHH)

UBARAN DAS PURENA v. STATE OF CHHATTISGARH

MCRC/9410/2026 · 2026-10-05

Shri Rakesh Mohan Pandey

body2026

Judgment text

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1 CGHC010387842026 2026:CGHC:43328 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 9410 of 2026 1 - Ubaran Das Purena Son Of Late Gendram Purena, Aged About 34 Years Resident Of Village - Gullu, Police Station - Arang, District - Raipur C.G. 2 - Suresh Bandhe Son Of Mangniram Bandhe, Aged About 36 Years Resident Of Village - Paraswani, Police Station - Kharora, District - Raipur, C.G. 3 - Tirit Ram Bandhe Son Of Mangani Das Bandhe Aged About 45 Years Resident Of Village - Paraswani, Police Station - Kharora, District Raipur C.G. 4 - Bharat Ratre Son Of Gangaram Ratre, Aged About 38 Years Resident Of Village - Paraswani, Police Station - Kaharora, District - Raipur, C.G. ... Applicant(s) versus State Of Chhattisgarh Through Station House Officer, Police Station - Arang, District - Raipur C.G. ... Non-Applicant(s) For Applicants : Mr. Rudra Pratap Dubey, Advocate. For Non-Applicant/State : Ms. Smriti Shrivastava, Panel Lawyer Hon'ble Mr. Rakesh Mohan Pandey, Judge Order on Board 06/10/2026 KUNAL DEWANGAN Digitally signed by KUNAL DEWANGAN 2 1. This is the first bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 on behalf of applicants for grant of regular bail, who have been arrested in connection with Crime No.436/2026 registered at Police Station Arang, District Raipur (C.G.) for the offence punishable under Section 34(2) of the Chhattisgarh Excise Act, 1915. 2. The prosecution case, in brief, is that on the basis of secret information received through an informant, the police of Police Station Arang allegedly recovered 28.800 bulk litres of country- made liquor from the joint possession of the applicants, which was being carried in an Ertiga car bearing registration No. CG 04 QB 5200. Accordingly, the offence punishable under Section 34(2) of the Chhattisgarh Excise Act was registered and the applicants were arrested. 3. Learned counsel for the applicants would submit that the applicants are innocent and have been falsely implicated in the instant case. He would further submit that the alleged liquor was not recovered from the exclusive possession of any of the applicants. He would also submit that the applicants have no previous criminal antecedents and in the present case, charge-sheet has already been filed before the competent Court and the conclusion of the trial is likely to take some time and the applicants are in jail since 14.09.2026. Therefore, he prays for grant of bail to the applicants. 4. On the other hand, learned State counsel would oppose the prayer for grant of bail and submit that in the present case, 28.800 bulk 3 litres of country-made liquor has been seized from the joint possession of the applicants. She would further submit that, so far as the criminal antecedents are concerned, applicant No.1 has one previous criminal antecedent of the year 2023 under the provisions of the Indian Penal Code, whereas the remaining applicants have no criminal antecedents. However, looking to the quantity of liquor seized, he submits that the applicants are not entitled to be released on bail. 5. I have heard learned counsel appearing for the parties and perused the case diary as well as the material available on record. 6. Having considered the facts and circumstances of the case, quantity of liquor allegedly seized from the joint possession of the applicants, the fact that the charge-sheet has already been filed before the competent Court and further considering that applicant No.1 has only one previous criminal antecedent of the year 2023 under the provisions of the Indian Penal Code, whereas the remaining applicants have no criminal antecedents and also considering that the applicants are in custody since 14.09.2026 and the conclusion of the trial is likely to take some time, without further commenting upon the merits of the case, I am inclined to grant bail to the applicants. 7. Accordingly, the bail application of the applicants is allowed. It is directed that in the event of the applicants executing a personal bond for a sum of Rs.50,000/- with one surety each in the like sum to the satisfaction of the concerned trial Court, they shall be 4 released on bail on the following conditions:- (i) they 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 them from disclosing such fact to the Court; (ii) they shall not act in any manner which will be prejudicial to fair and expeditious trial, & (iii) they shall appear before the trial Court on each and every date given to them by the said Court till disposal of the trial. - S/- Sd/- (Rakesh Mohan Pandey) Judge Kunal