1 2026:CGHC:17270 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 1921 of 2026 1. Haleshwar Sahu S/o Mohitram Sahu, Aged About 28 Years, R/o Saragaon, Distt – Raipur, Chhattisgarh 2. Chandrashekhar Sahu S/o Dhamesh Sahu, Aged About 54 Years, R/o Saragaon, Distt – Raipur, Chhattisgarh ... Applicants versus State of Chhattisgarh Through Police Station Kharora, District Raipur Chhattisgarh ... Non-Applicant For Applicants : Mr. Manish Nigam, Advocate. For Non-Applicant/State : Mr. Shubham Bajpai, Panel Lawyer. Hon’ble Shri Ramesh Sinha, Chief Justice Order on Board 15.04.2026 1. This is the first bail application filed under Section 483 of Bharatiya Nagrik Suraksha Sanhita, 2023 for grant of regular bail to the applicants who have been arrested in connection with Crime No. 56/2026 registered at Police Station - Kharora, District - Raipur(C.G.), for the offence punishable under Section 34(2) of the Chhattisgarh Excise Act. 2. The prosecution case, in brief, is that on 26.01.2026, the Police of Police Station Kharora, District Raipur, received confidential information regarding the illegal storage of liquor. Acting upon the said information, a raid was conducted at a “Byara” (farmyard) belonging to one Mohan PREETI KUMARI Digitally signed by PREETI KUMARI Date: 2026.04.16 11:38:51 +0530 2 Sahu, situated in Village Saragaon. During the raid, the applicants were allegedly found present at the spot. Upon search, the police claim to have recovered a total of 181.440 bulk liters of illicit liquor, comprising 97.200 liters of country-made “Masala” liquor and 84.240 liters of foreign liquor, along with cash amounting to Rs.19,100/-. The prosecution further alleges that the said liquor was supplied by co-accused Ajay Dheewar for the purpose of illegal sale. Consequently, the applicants were arrested for the offence punishable under Section 34(2) of the C.G. Excise Ac 3. Learned counsel for the applicants submits that the applicants have been falsely implicated in the present case. He further submits that alleged recovery was made from the “Byara” (courtyard/farmyard) of Mohan Sahu, which is an open place and not the exclusive possession of the applicants. The prosecution has failed to establish the exclusive possession or control of the applicants over the said premises. It is also submitted that the applicant No.1 has one previous criminal antecedent and applicant No.2 has no previous criminal antecedents, and the same has been explained in paragraph No. 4(A) of this bail application. He further submits that the charge-sheet has already been filed in the present case and that the applicants have been in jail since 26.01.2026. It is also argued that under Section 34(2) of the C.G. Excise Act, the minimum punishment is one year and the maximum punishment is three years, and that the conclusion of the trial is likely to take a considerable amount of time. Therefore, he prays for grant of regular bail to the applicants. 4. Learned counsel for the State/non-applicant opposes the bail application. He further submits that the charge-sheet has been filed. He also submitted that the criminal antecedents of the applicants have been explained in paragraph No. 4(A) of this bail application. 3 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, the nature and gravity of the allegations levelled against the applicants, and the fact that the applicant No. 1 has one previous criminal antecedent and applicant No.2 has no previous criminal antecedents, and further considering that the charge-sheet has been filed and the applicants have been in custody since 26.01.2026, and that the conclusion of the trial is likely to take some time, this Court is of the view that the applicants are entitled to be released on bail in the present case. 7. Accordingly, the bail application is allowed. Let the applicant Nos.1 and 2 - Haleshwar Sahu and Chandrashekhar Sahu respectively, involved in Crime No. 56/2026 registered at Police Station - Kharora, District - Raipur(C.G.), for the offence punishable under Section 34(2) of the Chhattisgarh Excise Act, be released on bail on his 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 file an undertaking to the effect that they 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 applicants shall remain present before the trial court on each date fixed, either personally or through their counsel. In case of their absence, without 4 sufficient cause, the trial court may proceed against them under Section 269 of BNS. (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 fails to appear before the Court on the date fixed in such proclamation, then, the trial Court shall initiate proceedings against them, in accordance with law, under Section 209 of BNS. (iv) The applicants 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 applicants are 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 them 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 Preeti