[Cites 2, Cited by 0]
Chattisgarh High Court
Birbal Verma vs State Of Chhattisgarh on 17 March, 2026
Author: Ramesh Sinha
Bench: Ramesh Sinha
1
2026:CGHC:12705
NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR
MCRC No. 2484 of 2026
Birbal Verma Son Of Anand Verma Aged About 45 Years R/o Village
Musrakhurd, Tahsil Dongargarh, Police Station Dongargarh, District
Rajnandgaon (C.G.)
... Applicant(s)
versus
State Of Chhattisgarh Through The Station House Officer, Police Of
Police Station Dongargarh, District Rajanandgaon (C.G.)
... Respondent(s)
Digitally
AKHILESH signed by
KUMAR AKHILESH
DEWANGAN KUMAR
DEWANGAN
For Applicant(s) : Mr. Shikhar Sharma, Advocate.
For Respondent(s) : Ms. Monika Thakur, P.L.
Hon'ble Mr. Ramesh Sinha, Chief Justice
Order on Board
17/03/2026
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. 606/2025 registered at Police Station
Dongargarh, District Rajanandgaon (C.G.), for the offence
punishable under Sections 34(2) and 59(A) of the C.G. Excise Act
and Section 339, 336(3) and 340(2) of BNS.
2. Case of the prosecution, in brief, is that as per secret information
received from the informant, the Police of Police Station
Dongargarh, District Rajanandgaon seized 62.64 bulk liters of
illicit liquor from the applicant, which led to the registration of
alleged offence against the applicant and subsequently, the
applicant was arrested. Hence, the bail application.
3. Learned counsel for the applicant submits that the applicant has
been falsely implicated in this case and 62.64 bulk liters of 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 and bail application of similarly situated co-accused,
Rajpal Bhatia has already been allowed by this Court in MCRC
No.782 of 2026 vide order dated 26.02.2026, further the applicant
is in jail since 18.12.2025 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 the applicant has no
criminal antecedent. She further submits that 62.64 bulk liters of
illicit liquor was recovered from the possession of the applicant,
therefore, the applicant is not entitled for grant of bail.
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 18.12.2025, also considering the fact that bail application of
similarly situated co-accused, Rajpal Bhatia has already been
allowed by this Court in MCRC No.782 of 2026 vide order dated
26.02.2026 and the fact that the charge-sheet has been filed, 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 - Birbal Verma, involved in Crime No. 606/2025
registered at Police Station Dongargarh, District Rajanandgaon
(C.G.), for the offence punishable under Sections 34(2) and 59(A)
of the C.G. Excise Act and Section 339, 336(3) and 340(2) of
BNS, 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.
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
