[Cites 5, Cited by 0]
Chattisgarh High Court
Anandpuri vs State Of Chhattisgarh on 25 February, 2026
1
2026:CGHC:9836
NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR
MCRC No. 1918 of 2026
Anandpuri S/o Chhotelal, Aged About 19 Years R/o Village Manwari,
SHOAIB P.S. Kelhari, Tahsil Kelhari , District- M.C.B. (C.G.)
ANWAR
Digitally signed by
... Petitioner(s)
SHOAIB ANWAR
Date: 2026.02.25
14:06:31 +0530
versus
State Of Chhattisgarh Through Station House Officer, Police Station
Khadgawan, District- M.C.B.) (C.G.)
... Respondent(s)
(Cause title taken from CIS)
For Petitioner(s) : Shri Ravi Kumar Banjare, Advocate
For Respondent(s) : Shri Anand Gupta, Dy. Govt. Advocate
Hon'ble Shri Bibhu Datta Guru, Judge
Order on Board
25.02.2026
1. The applicant has preferred this first Bail Application under
Section 483 of Bhartiya Nagrik Suraksha Sanhita, 2023 for
grant of regular bail, as he has been arrested in connection
with Crime No. 212/2025, registered at Police Station
Khadgawan, District Manendragarh, Chirmiri Bharatpur (C.G.)
for the offence punishable under Sections 34(2), 42, 46, 49 &
59 A of the Chhattisgarh Excise Act.
2. Facts of the case, in brief, are that the Investigating
Officer/Head Constable, namely Jitendra Mishra, was on
patrolling duty with his staff when he received secret
information regarding the transportation of illegal liquor.
Acting upon the said information, he intercepted the
offending vehicle, which was being driven by the co-accused.
During the search, 226 bulk liters of country-made foreign
liquor were allegedly seized from the vehicle. The applicant,
who was merely travelling in the said vehicle and was neither
the driver nor the owner, was apprehended along with the co-
accused and arrested on the spot.
3. Learned counsel for the applicant submits that the applicant is
innocent and has been falsely implicated in the present case.
It is contended that the applicant was only travelling with the
driver of the offending vehicle and had no knowledge
whatsoever regarding the transportation of liquor. Learned
counsel further submits that in a similar case, wherein 243
litres of illicit liquor were seized, a Coordinate Bench of this
Court granted bail to the applicant vide order dated
11.07.2024 passed in MCRC No. 4273/2024. Learned counsel
has also placed reliance on another order dated 12.03.2025
passed by a Coordinate Bench of this Court in MCRC No.
2019/2025, wherein the applicant was granted bail despite
seizure of 225 bulk litres of foreign liquor from his possession.
It is further submitted that the applicant has been in custody
since 05.10.2025 and has already undergone a considerable
period of pre-trial detention. The applicant has no criminal
antecedents; the alleged offences are triable by the
Magistrate and are not punishable with death or
imprisonment for life. The applicant undertakes to cooperate
with the trial. Learned counsel for the applicant submits that
the charge-sheet has already been filed in the instant crime,
therefore, the applicant prays for grant of regular bail.
4. Per contra, learned counsel for the State opposes the bail
application. It is submitted that considering the quantity of
illicit liquor seized from the possession of the applicant, he is
not entitled to the benefit of bail.
5. I have heard learned counsel for the parties and perused the
case diary.
6. Considering the overall facts and circumstances of the case,
particularly the period of custody of the applicant since
05.10.2025, charge-sheet has been filed, the absence of any
criminal antecedents, the fact that the alleged offences are
triable by the Magistrate and are not punishable with death or
imprisonment for life, and that the trial has not commenced,
this Court is of the considered opinion that further custodial
detention of the applicant is not warranted. Accordingly,
without expressing any opinion on the merits of the case and
subject to conditions, the first bail application is allowed.
7. Let applicant, Anandpuri, involved in Crime No. 212/2025
registered at Police Station Khadgawan, District
Manendragarh, Chirmiri Bharatpur (C.G.) for the offence
punishable under Sections 34(2), 42, 46, 49 & 59 A of the
Chhattisgarh 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 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.
8. Office is directed to provide a certified copy of this order to the
trial Court concerned for necessary information and
compliance forthwith.
sd/-
(Bibhu Datta Guru)
Judge
Shoaib
