1 2026:CGHC:17202 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3384 of 2026 Roshan Sahu S/o Shri Shantilal Sahu, Aged About 26 Years R/o Village - Dhorabhatha, Thana Dhamdha, District- Bemetara (C.G.) ... Applicant versus State of Chhattisgarh Through The Station House Officer, Police Station Basantpur, District- Rajnandgaon (C.G.) ... Non-applicant For Applicant : Mr. Rajendra Patel, Advocate. For Non-applicant/State : Ms. Smriti Shrivastava, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 15.04.2026 1. This is the first bail application filed under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No. 586/2025 registered at Police Station Basantpur, District Rajnandgaon (C.G.), for the offence punishable under Section 34(2) of the C.G. Excise Act and Section 111 of the Bhartiya Nyaya Sanhita, 2023 and Section 130(1)/177, 39(192), 55/192, 192(a)(1) and 196 of the Motor Vehicle Act. 2. As per the prosecution case, on 05.12.2025, the police of Police Station Basantpur received secret information that a large quantity of liquor was being transported from Tumdibod towards Rajnandgaon in a black ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2026.04.16 11:55:33 +0530 2 vehicle. Acting upon the said information, a blockade was set up, and a black car bearing registration number CG-04-JF-8100, coming from Tumdibod, was stopped. The vehicle was being driven by Manoj Acharya, and the applicant, Roshan Sahu, was also present in the vehicle. Upon searching the trunk of the said vehicle, a total of 272.100 bulk litres of liquor of various types was found and seized. Thereafter, an FIR was registered, and the applicant was arrested. After completion of the investigation, a charge sheet was filed against the applicant and the co-accused persons. 3. Learned counsel for the applicant submits that the present applicant has been falsely implicated in this case. He submits that the alleged illicit liquor was not seized from the possession of the present applicant. He further submits that under Section 34(2) of the C.G. Excise Act, the minimum punishment is one year and the maximum punishment is three years. He also submits that the present applicant has one criminal antecedent under the Excise Act pertaining to the year 2023, in which he has already been acquitted. He further submits that the applicant has been in custody since 05.12.2025, and that the conclusion of the trial is likely to take a considerable amount of time. Therefore, it is prayed that the present applicant be granted regular bail. 4. On the other hand, learned counsel for the State opposed the bail application and submits that the charge-sheet has been filed in the present case before the competent Court. 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, nature and gravity of allegation levelled against the applicant and the fact that 3 the present applicant has one criminal antecedent under the Excise Act pertaining to the year 2023, in which he has already been acquitted and also considering the fact that the charge-sheet has been filed and the applicant has been in jail since 05.12.2025, conclusion of the trial is likely to take some time, therefore, I am inclined to grant regular bail to the present applicant. 7. Let the applicant – Roshan Sahu, involved in Crime No. 586/2025 registered at Police Station Basantpur, District Rajnandgaon (C.G.), for the offence punishable under Section 34(2) of the C.G. Excise Act and Section 111 of the Bhartiya Nyaya Sanhita, 2023 and Section 130(1)/177, 39(192), 55/192, 192(a)(1) and 196 of the Motor Vehicle 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 his 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 4 fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against his, 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 concerned for necessary information and compliance forthwith. - Sd/- (Ramesh Sinha) Chief Justice Abhishek