HIRA BAI RATRE vs STATE OF CHHATTISGARH

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CGHC010333282026 2026:CGHC:38358
NAFR
KUNAL
DEWANGAN
HIGH COURT OF CHHATTISGARH AT BILASPUR
Digitally
signed by
KUNAL
DEWANGAN
MCRC No. 7987 of 2026
Hira Bai Ratre W/o Kartik Ratre Aged About 28 Years R/o. Village Khatti,
P.S. And Tehsil Komakhan, District Mahasamund (C.G.) (D/o. Wrongly
Mentioned In Ann. P/1)
... Applicant(s)
versus
State Of Chhattisgarh Through - P.S. Excise Circle Mahasmund Antrik,
District Mahasamund (C.G.)
... Non-applicant(s)
For Applicant : Mr. Shubhank Tiwari, Advocate
For Non-applicant/State : Mr. Sourabh Sahu, Panel Lawyer
Hon'ble Shri Ramesh Sinha , Chief Justice
Order on Board
31.08.2026
1. The applicant has filed the first bail application under Section 483 of
the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular
bail as he has been arrested in connection with Crime No. 64/2026
registered at Police Station Excise Circle Mahasamund Antrik,
District Mahasamund (C.G.) for the offences punishable under
Sections 34(1)(a), 34(2), 36 and 59-A of the C.G. Excise Act.
2. As per the case of prosecution, on receiving secret information
regarding illegal possession of country-made liquor, the officials of

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Police Station Excise Circle Mahasamund, District Mahasamund
(C.G.), conducted a raid and allegedly recovered and seized 34.6
litres of country-made liquor from the possession of the present
applicant. Thereafter, notice was issued to the applicant to produce
the requisite documents/authority regarding possession of the said
liquor, but she failed to produce the same. Consequently, FIR was
registered against the applicant for the aforesaid offences under the
C.G. Excise Act.
3. Learned counsel for the applicant submits that the applicant is
innocent and has been falsely implicated in the present case. The
applicant has not committed any offence as alleged against her. He
further submits that under the Excise Act, the minimum punishment
prescribed is one year and the maximum punishment is three years.
The applicant is in jail since 26.06.2026 and charge-sheet has
already been filed before the competent Court and further the
applicant has no criminal antecedents, as has been explained in the
bail application in Part-D relating to criminal antecedents and the
trial is likely to take some time for its conclusion. Hence, it is prayed
that the applicant may kindly be enlarged on bail.
4. On the other hand, the learned State counsel opposes the prayer for
grant of bail to the applicant and submits that in the present case,
charge-sheet has been filed before the competent Court and the
applicant has no criminal antecedents however, he submits that
from the possession of the present applicant 36.6 liters of country-
made liquor was seized and as such, she is not entitled for grant of
bail.

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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 applicant has no criminal antecedent and in the
present case, charge-sheet has been filed before the competent
Court and the quantity of liquor seized from the possession of the
applicant i.e . 36.6 liters of country-made liquor and she is in jail
since 26.06.2026 and conclusion of the trial is likely to take some
time, therefore, I am inclined to grant bail to the present applicant.
7. Accordingly, the bail application is allowed .
8. Let applicant, Smt. Hira Bai Ratre , involved in Crime No. 64/2026
registered at Police Station Excise Circle Mahasamund Antrik,
District Mahasamund (C.G.) for the offences punishable under
Sections 34(1)(a), 34(2), 36 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 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 Bharatiya Nyaya Sanhita.

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(iii) In case, the applicant misuses the liberty of bail
during trial and in order to secure her 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 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 her in
accordance with law.
9. Office is directed to send a certified copy of this order to the trial
Court concerned for necessary information and compliance
forthwith.
Sd/-
(Ramesh Sinha)
Chief Justice
Kunal