1 2026:CGHC:18398 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3313 of 2026 Nitish Banjare S/o Radheshyam Banjare Aged About 26 Years R/o Village- Kattod, P.S. Nawagarh, District- Janjgir-Champa, (C.G.) ... Applicant(s) versus State Of Chhattisgarh Through Station House Officer, Police Station - Nawagarh, District- Janjgir-Champa, (C.G.) ... Respondent(s) For Applicant(s) : Mr. Uday Singh Bhadoriya, Advocate. For Respondent(s) : Ms. Smriti Shrivastava, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 22/04/2026 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. 18/2026 registered at Police Station Nawagarh, District- Janjgir-Champa (C.G.), for the offence punishable under Section 34(2) of the C.G. Excise Act. AKHILESH KUMAR DEWANGAN Digitally signed by AKHILESH KUMAR DEWANGAN 2 2. Case of the prosecution, in brief, is that on 06.01.2026, as per secret information received from the informant that some were in possession of large quantity of illicit liquor, and on the basis of said information, the Police of concerned police station seized 300 bulk liters of illicit liquor from an open place, which led to the registration of alleged offence against the applicant and subsequently, during the course of investigation, present applicant has been arrested. Hence, the bail application. 3. Learned counsel for the applicant submits that the applicant has been falsely implicated in this case and 300 bulk liters of illicit liquor was not seized from the exclusive possession of the applicant. 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. He also submits that the applicant has no criminal antecedent, the applicant is in jail since 10.01.2026 and the conclusion of the trial is likely to take quite long time. Therefore, he prays for grant of regular bail to the 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 endorsed the submission that the applicant has no criminal antecedent. She further submits that 300 bulk liters of illicit liquor was recovered from an open place, where the applicant used to manufacture or sale the said liquor, therefore, he is not entitled for grant of bail. 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, nature and gravity of allegation levelled against the applicant and the fact that the applicant has no criminal antecedent, he is in jail since 10.01.2026 and the charge-sheet has been filed, further the conclusion of the trial may take some more time, as such, this Court is of the view that the applicant is entitled to be released on bail in this case. 7. Accordingly, the application is allowed. 8. Let the applicant - Nitish Banjare, involved in Crime No. 18/2026 registered at Police Station Nawagarh, District- Janjgir-Champa (C.G.), for the offence punishable under Section 34(2) of the 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 4 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. 9. 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 Akhil