1. Application for regular bail following arrest for illegal possession of intoxicants under the provisions of the state excise law. (Para 1 , 2 )
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2026 Supreme(Online)(Chh) 31791
HIGH COURT OF CHHATTISGARH AT BILASPUR
Rakesh Mohan Pandey, J
Priya Yadav – Appellant
Versus
State Of Chhattisgarh – Respondent
MCRC No. 9303 of 2026
Important Points
Regular bail may be granted in excise offenses when the charge-sheet has been filed, the applicant has no criminal antecedents, and the trial is expected to take considerable time.
Subject
Criminal Law - Bail
Act Referred
Headnote
(A) Criminal Law - Bail - Grant of regular bail - Consideration of factors such as the quantity of liquor seized, the filing of the charge-sheet, the period of incarceration, and the absence of criminal antecedents justifies the release of the applicant on bail. (Para 6)
Issues: Whether the applicant is entitled to the grant of regular bail under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023.
Issues: Whether the applicant is entitled to the grant of regular bail under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023.
Legal Category Hierarchy
Advocates:
For the Appellants/Petitioners: Manoj Chauhan
For the Respondents: Akash Agrawal
For the Appellants/Petitioners: Manoj Chauhan
For the Respondents: Akash Agrawal
Table of Contents
2. Applicant contends false implication and lack of antecedents, whereas the State opposes bail citing the risk of repeating the offence. (Para 3 , 4 )
3. Court considered the quantity seized, absence of criminal antecedents, filing of the charge-sheet, and the expected duration of the trial to determine bail entitlement. (Para 5 , 6 )
4. Bail is granted by balancing the nature of the offence, the absence of criminal history, and the likelihood of a protracted trial duration. (Para 6 )
5. The application for regular bail is allowed subject to the applicant furnishing a personal bond and one surety, alongside prescribed conditions. (Para 7 )
6. What factors guide the court in granting regular bail under the state excise law for possession of illicit liquor?
The court evaluates the quantity of seizure, the status of the investigation (filing of charge-sheet), the presence or absence of criminal antecedents, and the anticipated time for the conclusion of the trial. (Para 6 )
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CGHC010387822026 2026:CGHC:44883 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 9303 of 2026 Priya Yadav W/o Deepak Yadav Aged About 29 Years R/o Kusumtal Sarhapani, P.S. Kansabel, Distt. Jashpur, Chhattisgarh. ... Applicant Digitally signed by ALLENA versus ANJANI KUMAR Date: State Of Chhattisgarh Through The Excise Officer, Excise Circle, Kansabel, 2026.10.16
14:46:09 +0530 Distt. Jashpur, Chhattisgarh. ... Non-applicant For Applicant : Shri Manoj Chauhan, Advocate.
For Non-applicant/State : Shri Akash Agrawal, P.L.
(HON’BLE SHRI JUSTICE RAKESH MOHAN PANDEY)
Order on Board
16/10/2026
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.75/2026 registered at Excise Circle, Kansabel, District Jashpur (C.G.), for the offence punishable under Section 34(2) of the Chhattisgarh Excise Act.
2. As per the case of the prosecution, on the basis of secret information, the police of Excise Circle, Kansabel recovered 12 bulk litres Mahua liquor and 230 kg. of Mahua Lahan from the possession of the applicant. Thereafter, the police registered the offence as stated above, against the applicant.
3. Learned Counsel for the applicant would submit that the present applicant has falsely been implicated in this case and the said 12 bulk litres Mahua liquor and 230 kg. of Mahua Lahan was not seized from the exclusive possession of the applicant. It is further argued by him that the present applicant has no criminal antecedents; under Section 34(2) of the C.G. Excise Act, minimum punishment is one year and maximum punishment is three years; charge-sheet has already been filed; the present applicant is in jail since 15.09.2026 and conclusion of the trial is likely to take some considerable time. Therefore, he would pray for grant of regular bail to the applicant.
##PAGE2##4. On the other hand, learned counsel for the State would oppose the bail application and submit that the applicant would commit similar offence, if the bail is granted to her, therefore she 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 and having considered the quantity of liquor seized from the applicant; charge-sheet has already been filed; applicant is in jail since 15.09.2026; there are no criminal antecedents against the applicant and conclusion of the trial may take some more time, without making any observation on merits of the matter, this Court is of the view that the applicant is entitled to be released on bail in this case.
7. It is directed that the applicant be released on bail on her furnishing a personal bond in sum of Rs.50,000/- with one surety in the like sum to the satisfaction of the Court concerned with the following conditions:-
##PAGE3##(i) she shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such fact to the Court;
(ii) she shall not act in any manner which will be prejudicial to fair and expeditious trial, &
(iii) she shall appear before the trial Court on each and every date given to him by the said Court till disposal of the trial.
8. The observation made herein above is for the purpose of deciding this bail application only and the trial Court shall decide the case on its own merits.
Sd/-
(Rakesh Mohan Pandey)
JUDGE
Anjani
