1 2026:CGHC:13193 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 2582 of 2026 1 - Ram Ashray Porte S/o Rajkumar Aged About 33 Years R/o Village Bodalpara, Thana Pali, Distt. Korba, Chhattisgarh. 2 - Sushil Netam S/o Radheshyam Netam Aged About 25 Years R/o Village Saragbundiya, Thana Pali, Distt. Korba, Chhattisgarh. ... Applicant(s) versus State Of Chhattisgarh Through Excise Circle, Dipka, Distt. Korba, Chhattisgarh. ... Non-Applicant(s) For Applicants : Mr. Vikas Kumar Pandey, Advocate For Non-Applicant/State : Ms. Palak Dwivedi, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 19/03/2026 1. This is the 9rst bail application 9led under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023, for grant of regular bail to the applicants who have been arrested in connection with Crime No. 272/2026 registered at Police Station- Excise Circle, Dipka, District- Korba (C.G.), for the o?ence punishable under Section 34(1) (क) (च), 34(2), 59 (क) of C.G. Excise Act (as per charge sheet) 2. The prosecution story, in brief, is that on 09.01.2026, acting upon KUNAL DEWANGAN Digitally signed by KUNAL DEWANGAN 2 secret information received from an informant, the police conducted a search of the applicants and allegedly seized 48 litres of Mahua liquor and 400 kilograms of Mahua Lahan from the joint possession of the applicants. Thereafter, the applicants were arrested on the same day, i.e., 09.01.2026. Based upon such, the police have registered aforesaid o?ences against the applicants. 3. Learned counsel for the applicants submit that the applicants are innocent and they have been falsely implicated in the present case. He further submits that the said liquor which has been seized from open place and not from the possession of applicants. He further submits that under Section 34(2) of the C.G. Excise Act, minimum punishment is one year and maximum punishment is three years and the applicants have no previous criminal antecedents and in the present case, charge-sheet has been 9led before the competent Court and the applicants are in jail since 09.01.2026 and the conclusion of the trial is likely to take quite long time. Therefore, he prays for grant of regular bail to the applicants. 4. On the other hand, learned Panel Lawyer, appearing for the State/non-applicant opposes the bail application and submits that in the present case, charge-sheet has been 9led before the competent Court and so far as the criminal antecedents of the applicants are concerned, the applicants have no criminal antecedents further the quantity of liquor seized from the joint possession of the applicants i.e. 48 litres of Mahua liquor and 400 kilograms of Mahua Lahan. Accordingly, the present applicants are not entitled for grant of bail. 5. I have heard learned counsel appearing for the parties and perused 3 the case diary. 6. Taking into consideration the facts and circumstances of the case, nature and gravity of allegation levelled against the applicants and the fact that in the present case, charge-sheet has been 9led before the competent Court and the applicants have no criminal antecedents further the quantity of liquor seized from the joint possession of the applicants i.e. 48 litres of Mahua liquor and 400 kilograms of Mahua Lahan and further they are in jail since 09.01.2026 and conclusion of the trial is likely to take some time, therefore, I am inclined to grant regular bail to the present applicants. 7. Accordingly, the bail application of the applicants is allowed. 8. Let the applicants – Ram Ashray Porte and Sushil Netam, involved in Crime No. 272/2026 registered at Police Station- Excise Circle, Dipka, District- Korba (C.G.), for the o?ence punishable under Section 34(1) (क) (च), 34(2), 59 (क) of C.G. Excise Act, be released on bail on their furnishing a personal bond with two sureties each, in the like sum to the satisfaction of the Court concerned with the following conditions:- (i) The applicants shall 9le an undertaking to the e?ect that they shall not seek any adjournment on the dates 9xed 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. (ii) The applicants shall remain present before the trial 4 court on each date 9xed, either personally or through their counsel. In case of their absence, without suFcient cause, the trial court may proceed against them under Section 269 of Bharatiya Nyaya Sanhita. (iii) In case, the applicants misuses the liberty of bail during trial and in order to secure their presence, proclamation under Section 84 of BNSS. is issued and the applicants fail to appear before the court on the date 9xed in such proclamation, then, the trial court shall initiate proceedings against them, in accordance with law, under Section 209 of the Bharatiya Nyaya Sanhita. (iv) The applicants shall remain present, in person, before the trial court on the dates 9xed 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 applicants are deliberated or without suFcient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against them in accordance with law. 9. OFce is directed to send a certi9ed copy of this order to the trial Court for necessary information and compliance. dorthwith. - S/- Sd/- (Ramesh Sinha) Chief Justice Kunal