[Cites 5, Cited by 0]
Chattisgarh High Court
Karmaha Nishad vs State Of Chhattisgarh on 13 April, 2026
Author: Ramesh Sinha
Bench: Ramesh Sinha
1
2026:CGHC:16905
NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR
MCRC No. 1445 of 2026
Karmaha Nishad S/o Makardhwaj Nishad Aged About 22 Years R/o
Village - Taparda, Police Station And Tahsil - Pussour And District -
AKHILESH
Digitally
signed by
Raigarh (C.G.)
KUMAR AKHILESH
DEWANGAN KUMAR
DEWANGAN
... Applicant(s)
versus
State Of Chhattisgarh Through S.H.O Of The Police Station - South
Excise Circle, District - Raigarh (C.G.)
... Respondent(s)
For Applicant(s) : Mr. Abhishek Saraf, Advocate.
For Respondent(s) : Mr. Shubham Bajpai, Panel Lawyer.
Hon'ble Mr. Ramesh Sinha, Chief Justice
Order on Board
13/04/2026
1. The default(s) pointed out by the Registry are hereby waived of.
2. 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. 118/2026 registered at Police Station
South Excise Circle, District - Raigarh (C.G.), for the offence
punishable under Sections 34(1)(a), 34(2) and 59(A) of the C.G.
Excise Act.
3. Case of the prosecution, in brief, is that on 25.01.2026, as per
secret information received from the informant, the Police of
Police Station South Excise Circle, District - Raigarh seized 20
liter of Mahua liquor from the possession of the applicant, which
led to the registration of alleged offence against the applicant and
subsequently, the applicant was arrested. Hence, the bail
application.
4. Learned counsel for the applicant submits that the applicant has
been falsely implicated in this case and 20 liters of Mahua 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 25.01.2026 and the
conclusion of the trial is likely to take quite long time. Therefore,
he prays for grant of regular bail to the applicant.
5. 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 the applicant has
two criminal antecedents. He further submits that 20 liters of the
Mahua liquor was recovered from the possession of the applicant,
therefore, the applicant is not entitled for grant of bail.
6. I have heard learned counsel appearing for the parties and
perused the case diary.
7. 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 25.01.2026 and the charge-sheet has been filed in the
present case, 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.
8. Accordingly, the application is allowed.
9. Let the applicant - Karmaha Nishad, involved in Crime No.
118/2026 registered at Police Station South Excise Circle, District
- Raigarh (C.G.), for the offence punishable under Sections 34(1)
(a), 34(2) and 59(A) 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
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.
10. 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
