1 2026:CGHC:669 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 10520 of 2025 Hiralal Bariha S/o Tejram Bariha Aged About 52 Years R/o Village- Bhanthakona, Post- Kanakbira, Police Station- Sarangarh, District- Sarangarh-Bilaigarh (C.G.) ... Applicant versus State of Chhattisgarh Through- The Station House O昀케cer Police Chowki Kanakbira, Police Station- Sarangarh, District- Sarangarh-Bilaigarh (C.G.) ... Non-applicant For Applicant : Mr. Vikram Pratap, Advocate. For Non-applicant/State : Ms. Monika Thakur, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 06.01.2026 1. The applicant has preferred this First Bail Application under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as he has been arrested in connection with Crime No. 524/2025, registered at Police Chowki Kanakbira, Police Station- Sarangarh, District- Sarangarh-Bilaigarh, (C.G.) for the o昀昀ence punishable under Sections 34(2) and 59(A) of the C.G. Excise Act. 2. The case of the prosecution, in brief, is that the police of Police Chowki Kanakbira, Police Station- Sarangarh, District- Sarangarh- RAHUL DEWANGAN Digitally signed by RAHUL DEWANGAN 2 Bilaigarh, (C.G.) received an information from the informant and on the basis of the said information conducted a raid and seized total 55 bulk liters of illicit liquor from the possession of the present applicant. Thereafter, Police has registered an o昀昀ence punishable under Sections Sections 34(2) and 59(A) of the C.G. Excise Act against the present applicant. 3. It is argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in this case. He submits that the present applicant has one criminal antecedent which is istgasa. He further submits that under Section 34(2) of the Excise Act, minimum punishment is one year and maximum punishment is three years, charge-sheet has been 昀椀led before the competent Court, and the applicant is in jail since 08.10.2025 and the trial is likely to take some time for its conclusion, therefore, he prays grant of bail to the applicant. 4. On the other hand, the learned State counsel opposes the bail application and submits that the charge-sheet has already been 昀椀led before the competent Court. She also submits that the present applicant has one criminal antecedent. She further submits that from the possession of the present applicant total 55 bulk liters of illicit liquor was seized, therefore, he is not entitled for grant of bail. 5. I have heard learned counsel 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 3 the fact that the present applicant has one criminal antecedent, which is istgasa, further considering the fact that the charge-sheet has been 昀椀led before the competent Court and he is in jail since 08.10.2025 and 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, Hiralal Bariha, involved in Crime No. 524/2025, registered at Police Chowki Kanakbira, Police Station- Sarangarh, District- Sarangarh-Bilaigarh, (C.G.) for the o昀昀ence punishable under Sections 34(2) and 59(A) of the C.G. Excise Act, be released on bail on furnishing personal bond with two sureties in the like sum to the satisfaction of the Court concerned with the following conditions:- (i) The applicant shall 昀椀le an undertaking to the e昀昀ect that he shall not seek any adjournment on the dates 昀椀xed 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 昀椀xed, either personally or through his counsel. In case of his absence, without su昀케cient 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, 4 proclamation under Section 84 of BNSS. is issued and the applicant fails to appear before the Court on the date 昀椀xed 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 昀椀xed 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 su昀케cient 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. O昀케ce is directed to provide a certi昀椀ed copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Rahul Dewangan