1 2026:CGHC:11723 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 948 of 2026 Jitendra Kumar Sahu, Aged About 31 Years S/o Suresh Ram Sahu R/o House No. 86, Ward No.07, Village Alikhunta Rajnandgaon Tehsil And District- Rajnandgaon (C.G.) ... Applicant versus State Of Chhattisgarh Through- The District- Excise Officer (Excise Circle) (South) Rajnandgaon District- Rajnandgaon (C.G.) ... Respondent For Applicant : Ms. Poonam Gilurkar, Advocate. For Respondent/State : Shri Sourabh Sahu, PL. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 11/03/2026 1. This is the first bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) for grant of regular bail to the applicant who has been arrested in connection with Crime No.103/2025 registered at Police Station Excise Circle (South), Rajnandgaon, District- Rajnandgaon (C.G.) for the offence punishable under Sections 34(2), 36 & 59A of C.G. Excise Act, 1915. GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2026.03.12 17:37:32 +0530 2 2. Case of the prosecution, in brief, is that Excise Sub-Inspector P.S Rajnandgaon (South) on 16/11/2025 received confidential information about the illegal storage of liquor. Acting on this information and due to apprehension that delay could result in destruction of evidence, the officials conducted a search without obtaining a search warrant at rented house of accused situated at Guruchhaya Apartment, Neelgiri Park Rajnandgaon(C.G.) based on the reasonable suspicion, the rented residence of the accused was searched. During the search, a huge quantity of illicit liquor measuring 403.735 Bulk liters (80.61 bulk liters of whiskey and 323.13 Bulk liters of FI. Beer) along with a double- door refrigerator of LG Company, and a small size refrigerator of Panasonic company was found and seized by the respondent Excise Department. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case and the alleged search and seizure were conducted without a proper search warrant and merely on suspicion, which casts serious doubt on the prosecution case. It is further submitted that the rental agreement relied upon by the prosecution suffers from serious infirmities and appears doubtful. She also submits that applicant is in jail since 16/11/2025 and the conclusion of the trial is likely to take quite long time. Therefore, she prays for grant of regular bail to the applicant. 4. Learned counsel for the State/non-applicant would oppose the bail application and submit that the charge-sheet has been filed in the present case before the competent Court and the applicant has no criminal antecedent. He would submit that 403.735 Bulk liters of illicit 3 liquor was recovered from the apartment and it was not seized from the present applicant. 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, submission of learned counsel for the parties, considering the fact that 403.735 bulk liters of illicit liquor was recovered from the apartment and it was not seized from the present applicant, he is in jail since 16/11/2025, charge-sheet has been filed, applicant has no criminal antecedents and further the conclusion of the trial may take some more time, therefore this Court is of the view that the applicant is entitled to be released on bail in this case. 7. Accordingly, the bail application is allowed and it is directed that the applicant -Jitendra Kumar Sahu, involved in Crime No.103/2025 registered at Police Station Excise Circle (South), Rajnandgaon, District- Rajnandgaon (C.G.) for the offence punishable under Sections 34(2), 36 & 59A of C.G. Excise Act, 1915, be released on bail on his furnishing a personal bond with two sureties in the like sum to the satisfaction of the Court concerned with the following conditions:- (i) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed 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. 4 (ii) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 269 of Bharatiya Nyaya Sanhita. (iii) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence, proclamation under Section 84 of BNSS. is issued and the applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under Section 209 of the Bharatiya Nyaya Sanhita. (iv) The applicant shall remain present, in person, before the trial court on the dates fixed 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 applicant is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against him in accordance with law. 8. Office is directed to send a certified copy of this order to the trial Court for necessary information and compliance forthwith. - Sd/- (Ramesh Sinha) Chief Justice gouri