[Cites 1, Cited by 0]
Chattisgarh High Court
Manju Behara vs State Of Chhattisgarh on 13 March, 2026
Author: Ramesh Sinha
Bench: Ramesh Sinha
1
2026:CGHC:12170
NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR
MCRC No. 2365 of 2026
Manju Behara W/o Manoj Behara Aged About 32 Years R/o Ward No. 2,
Virendra Nagar, Saraipali, Police Station - Saraipali, District- Mahasamund
(C.G.)
... Applicant
versus
State of Chhattisgarh Through - Police Station - Saraipali, District- Mahasamund
(C.G.)
Digitally
signed by
... Non-Applicant
PREETI
PREETI KUMARI
KUMARI Date:
2026.03.13
For Applicant : Mr. Pritam Singh, Advocate.
18:26:47
+0530
For Non-Applicant/State : Ms. Monika Thakur, Panel Lawyer.
Hon'ble Shri Ramesh Sinha, Chief Justice
Order on Board
13.03.2026
1.
This is the first bail application filed under Section 483 of Bharatiya Nagrik
Suraksha Sanhita, 2023 for grant of regular bail to the applicant who has
been arrested in connection with Crime No.20/2026 registered at Police
Station - Saraipali, District - Mahasamund (C.G.), for the offence
punishable under Section 34(2) of the Chhattisgarh Excise Act.
2. The case of the prosecution is that on 21.01.2026, team of Police Station
Saraipali based on secret information seized total 50 bulk liters of
handmade Mahua Liquor from the possession of the present applicant
who was waiting for customer near Kejua Road. Consequently, the police
lodged an F.I.R. against the applicant for the offence punishable under
Section 34(2) of the Chhattisgarh Excise Act.
3. Learned counsel for the applicant submits that the applicant is innocent
and has been falsely implicated in this case. He further submits that the
applicant was not present at the time of seizure. He also submits that the
applicant has no previous criminal antecedents. He later submits that the
charge-sheet has been filed in the present case and the applicant is in jail
since 21.01.2026. It is further argued by him that under Section 34(2) of
the C.G. Excise Act, minimum punishment is one year and maximum
punishment is three years 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. On the other hand, learned counsel appearing for the State/non-applicant
would oppose the bail application and also endorse the fact that the
applicant has no previous criminal antecedents.
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 previous criminal antecedents, further the charge-sheet
has been filed and he is in jail since 21.01.2026. Further, the conclusion of
the trial may take some more time, this Court is of the view that the
applicant is entitled to be released on bail in this case.
7. Accordingly, the bail application is allowed. Let the applicant -
Manju Behara, involved in Crime No.20/2026 registered at Police Station
- Saraipali, District - Mahasamund (C.G.), for the offence punishable
under Section 34(2) of the Chhattisgarh 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
she 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 her
counsel. In case of her absence, without sufficient cause,
the trial court may proceed against her under Section 269
of BNS.
(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 her, in accordance with law, under
Section 209 of BNS.
(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 are 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 her in accordance with law.
8. 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
Preeti
