2026:CGHC:12551 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 779 of 2026 Sandeep Kumar Kushwaha S/o Shri Brij Mohan Kushwaha Aged About 25 Years R/o - Village - Jaurahi, P.S. Raghunathnagar, District - Balrampur -

Ramanujganj (C.G.)

... Applicant versus State of C.G. Through Excise Department Circle - Balrampur, District -

Balrampur - Ramanujganj (C.G.)

... Non-applicant Digitally signed by ABHISHEK For Applicant : Mr. Pawan Shrivastava, Advocate.

ABHISHEK SHRIVAS SHRIVAS Date:

2026.03.17

11:11:03 For Non-applicant/State : Mr. Sourabh Sahu, Panel Lawyer.

+0530 Hon'ble Mr. Ramesh Sinha, Chief Justice

Order on Board

16.03.2026

1. This is the first bail application filed under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No. 89/2025 registered at Police Station Excise Department Circle-Balrampur, District Balrampur-Ramanujganj (C.G.), for the offence punishable under Section

34(1)क, 34(2), 36, 59( क) of the C.G. Excise Act.

2. The case of the prosecution is that, on the basis of secret information received on 31.12.2025, the staff of the Excise Sub-Inspector, Circle Wadrafnagar, searched the house and shop of the applicant and seized

38.07 litres of country-made and English liquor. Thereafter, the FIR was registered by the Excise Department, Circle Balrampur, as Crime No. 89/2025 for the offences punishable under Sections 34(1)(क), 34(2), 36 and 59(क) of the C.G. Excise Act. The applicant was subsequently arrested and is presently in jail.

3. Learned counsel for the applicant submits that the present applicant has been falsely implicated in this case. He submits that the alleged illicit liquor was not seized from the possession of the present 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 present applicant has no criminal antecedents. He further submits that the present applicant has been in jail since 31.12.2025, 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 for the State opposed the bail application and submits that the charge-sheet has been filed in the present case before the competent Court. He submits that the present applicant has 01 criminal antecedent under the Excise Act, which shows that the applicant is a habitual offender, therefore, he is not entitled for grant of regular bail in the present case.

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 only 01 criminal antecedent under the Excise Act which is pending trial and also considering the fact that the charge-sheet has been filed and he has been in jail since 31.12.2025 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 – Sandeep Kumar Kushwaha, involved in Crime No.

89/2025 registered at Police Station Excise Department Circle- Balrampur, District Balrampur-Ramanujganj (C.G.), for the offence punishable under Section 34(1)क, 34(2), 36, 59( क) 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 p