MANOJ KUMAR SAHU vs STATE OF CHHATTISGARH

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CGHC010326862026 2026:CGHC:38856
NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR
MCRC No.8162 of 2026
1 - Manoj Kumar Sahu S/o Late Santosh Sahu Aged About 26 Years
R/o Ward No.01, Ahiwara, Nandini Nagar, District Durg Chhattisgarh, At
Present In Judicial Custody
Applicant (s)
versus
1 - State Of Chhattisgarh Through Police Station Nandani Nagar,
District : Durg, Chhattisgarh
Respondent(s)
For Applicant (s) : Mr. Virendra Kashyap, Advocate
For Respondent(s) : Mr. Shubham Bajpai, PL
Hon'ble Mr. Ramesh Sinha, Chief Justice
Order on Board
02.09.2026
1. This is the first bail application filed under Section 483 of Bhartiya
Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the
applicant, who has been arrested in connection with Crime
No.214/2026, registered at Police Station Nandani Nagar, District
Digitally
signed
by R
NIRALA
Durg (C.G.) for the offence punishable under Section 34 (2) of
Excise Act.

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2. The case of the prosecution, in brief, is that on 27.06.2026 on the
basis of a secret information by the informant, the Police seized
8.100 bulk litres of country made liquor from the possession of
the applicant, thereafter a case was registered against the
accused and he was arrested.
3. Learned counsel for the applicant submits that the applicant is
innocent and has been falsely implicated in crime in question. He
further submitted that false seizure memo has been prepared by
the Police in order to rope the applicant in a false case. He
further submitted that the applicant is in jail since 06.07.2026, he
has two criminal antecedents, one is under Section 20 (b) of
NDPS Act and another is under Section 106 (1) of BNS, charge
sheet has been filed and trial is likely to take quite long time for
its conclusion, therefore, he prays that the applicant be released
on regular bail.
4. On the other hand, learned State counsel opposes the bail
application of the applicant and submits that the applicant has
two criminal antecedents, as such he is not entitled to be
released on bail.
5. I have heard learned counsel for the parties and perused all the
documents available on record.
6. Taking into consideration the facts and circumstances of the
case, nature of allegation and further considering that the
applicant is in jail since 06.07.2026, charge sheet has already

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been filed and conclusion of the trial is likely to take some time,
therefore, without commenting anything on the merits of the
case, I am inclined to allow this application.
7. Accordingly, the instant bail application of the applicant is
allowed.
8. Let the Applicant – Manoj Kumar Sahu , involved in Crime
No.214/2026, registered at Police Station Nandani Nagar, District
Durg (C.G.) for the offence punishable under Section 34 (2) of
Excise Act, be released on bail on his furnishing a personal bond
with two local 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/her under Section 269 of Bharatiya
Nyaya Sanhita.
(iii) In case, the applicant misuse the liberty of bail
during trial and in order to secure his/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 his/her, in
accordance with law, under Section 209 of the
Bharatiya Nyaya Sanhita.

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(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/her in accordance with law.”
9. Office is directed to provide a certified copy of this order to the
trial Court concerned for necessary information and compliance
forthwith.
Sd/-
(Ramesh Sinha)
Chief Justice
Nirala