1 2026:CGHC:17242 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 2548 of 2026 • Poshan Patel S/o Shatruhan Patel Aged About 31 Years Resident Of Village Andi Tahsil Dongargarh Police Station Bortalav District- Rajnandgaon (C.G.) ... Applicant(s) versus • State of Chhattisgarh Through- The Station House Officer Police Of Police Station Bortalav District- Rajnandgaon (C.G.) ... Respondent(s) (Cause title is taken from Case Information System) For Applicant(s) : Mr. Shikhar Sharma, Advocate For Respondent(s) : Ms. Monika Thakur, Panel Lawyer Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 15.04.2026 1. The applicant has preferred this First Bail Application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as he has been arrested in connection with Crime No. 07/2026, registered at Police Station – Bortalav, District – Rajnandgaon (C.G.) for the offence punishable under Section 34(2) of C.G. Excise Act. 2. The case of the prosecution, is that on 22-01-2026, the police received information that one person kept illicit country made liquor in the scooty No. CG-08/BC-9004. On the basis of said information, VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2026.04.17 13:59:40 +0530 2 the police reached the spot and stopped the vehicle, but the person who traveling in the vehicle left the vehicle and ran away in the forest and police recovered total 14.680 bulk liter illicit liquor, therefore crime as mentioned have been registered and filed the charge sheet before the concerned Court. 3. It is argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in this case and there are total four criminal antecedents registered against the present applicant under the Excise Act and same are disposed of imposition of fines and two Istagasa are also registered against the applicant and all are explained in covering memo. It is further submitted that the charge-sheet has been filed in this case. He further submits that under Section 34(2) of the Excise Act, minimum punishment is one year and maximum punishment is three years. The applicant is in jail since 02.02.2026 and trial is likely to take some time for its conclusion, therefore, he prays for grant of bail. 4. On the other hand, the learned State counsel opposes the bail application and submits that there are total six criminal antecedents registered against the present applicant, out of which four cases pending under the Excise Act and details of the same are mentioned in the covering memo filed by the applicant. She further submits that the charge-sheet has been filed in this case. It is further submitted that a total of 14.680 bulk liter illicit liquor has been seized from the possession of the present applicant, therefore, he is not entitled for grant of bail. 5. I have heard learned counsel for the parties and perused all of the documents available on record. 3 6. Taking into consideration the facts and circumstances of the case, nature and gravity of allegation levelled against the applicant and also considering the fact that the applicant has six criminal antecedents, out of which four cases were registered under the Excise Act and have been disposed of with the imposition of fines and charge-sheet has been filed against the applicant and he is in jail since 02.02.2026 and conclusion of the trial is likely to take some time, I am inclined to allow this application. 7. Let applicant, Poshan Patel, involved in Crime No.07/2026, registered at Police Station – Bortalav, District – Rajnandgaon (C.G.) for the offence punishable under Section 34(2) of C.G. Excise Act, 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. (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 4 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 concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Vaishali