Regular bail may be granted in excise cases where the charge-sheet has been filed, the accused has no criminal antecedents, and the trial is expected to take time, balancing the gravity of the offense with the right to liberty.

Order on Board

1. The applicant has preferred this First Bail Application under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as he has been arrested in connection with Crime No. 99/2025, registered at Police Station Excise Area, Baramkela, District- Sarangarh-Bilaigarh, (C.G.) for the offence punishable under Sections 34(1)(a)(f), 34(2) and 59(a) of the C.G. Excise Act .

2. The case of the prosecution, in brief, is that the police of Police Station Excise Area, Baramkela, District- Sarangarh-Bilaigarh, (C.G.), received an information from the informant and on the basis of the said information conducted a raid and seized total 60 bulk liters of country made mahua and liquor and 30 packets of mahua in plastic bags (total weight 600 kgs) from the possession of the present applicant. Thereafter, Police has registered an offence punishable under Sections 34(1)(a)(f), 34(2) and 59(a) of the C.G. Excise Act against the present applicant.

3. It is argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in this case. He submits that the present applicant has no criminal antecedents. He further submits that under Section 34(2) of the Excise Act, minimum punishment is one year and maximum punishment is three years, the charge-sheet has been filed before the competent Court, and the applicant is in jail since 28.12.2025 and the trial is likely to take some time for its conclusion, therefore, he prays grant of bail to the applicant.

4. On the other hand, the learned State counsel opposes the bail application and submits that the charge-sheet has already been filed before the competent Court. He also submits that from the possession of the present applicant total 60 bulk liters of country made mahua and liquor and 30 packets of mahua in plastic bags (total weight 600 kgs) were seized, therefore, he is not entitled for grant of bail.

5. I have heard learned counsel 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 present applicant has no criminal antecedents, further considering the fact that the charge-sheet has been filed before the competent Court and he is in jail since 28.12.2025 and conclusion of the trial is likely to take some time, therefore, I am inclined to grant regular bail to the present applicant.

7. Accordingly, the bail application of the applicant is allowed. Let the applicant, Ishwar Manjhi, involved in Crime No. 99/2025, registered at Police Station Excise Area, Baramkela, District- Sarangarh-Bilaigarh, (C.G.) for the offence punishable under Sections 34(1)(a)(f), 34(2) and 59(a) of the C.G. 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 sufÏcient cause, the trial court may proceed against him under Section 269 of Bharatiya Nyaya Sanhita.

(iii) In ca