TIKESHWAR NISHAD vs STATE OF CHHATTISGARH

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CGHC010395062026
NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR
MCRC No. 9963 of 2026
Tikeshwar Nishad S/o Shri Aavendra Nishad Aged About 32 Years
Caste Nishad, R/o Village Kosagondi, Police Station Sanaud, Tahsil
Gurur District Balod Chhattisgarh
... Applicant(s)
versus
State Of Chhattisgarh Through Station House Officer, Police Station
Arjuni, District Dhamtari Chhattisgarh

... Non-Applicant(s)
For Applicant : Mr. Manish Thakur, Advocate.
For Non-Applicant/State : Ms. Ankita Shukla, Panel Lawyer
Hon'ble Mr. Rakesh Mohan Pandey, Judge
Order on Board
03/11/2026
1. This is the first bail application filed by the applicant 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.
90/2026 registered at Police Station Arjuni, District Dhamtari
(C.G.), for the offence punishable under Section 34(2) of the
Chhattisgarh Excise Act.

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The prosecution story, in brief, is that on 25.07.2026, the police of
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Police Station Arjuni, District Dhamtari, received secret
information that co-accused Khilendra Sahu @ Golu and Kamlesh
Sahu had stored a huge quantity of liquor at village Dhourbhatha
for the purpose of sale. Acting upon the said information, the
police conducted a search and seized 457.920 bulk litres of liquor
kept in boxes at the houses of the said co-accused persons. As
they failed to produce any valid documents regarding the
possession of the liquor, they were arrested and their
memorandum statements were recorded, wherein they allegedly
disclosed that the liquor had been purchased from the
Government liquor shop at Balod. During further inquiry, it was
revealed that the liquor had allegedly been sold by the employees
of the said shop after its closing hours. Consequently, the present
applicant, who was working at the said liquor shop, along with
other employees, was implicated in the present case. After
completion of the investigation, charge-sheet has been filed
before the competent Court.
Learned counsel for the applicant would submit that the applicant
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is innocent and has been falsely implicated in the present case.
He would further submit that no liquor was seized from the
possession of the applicant and his implication is solely based
upon memorandum statement of co-accused. He would also
submit that similarly situated co-accused persons, namely

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Yashpal Deshmukh, Chumman Lal Nirmalkar and Dilip Kumar,
have already been granted bail by this Court in MCRC No. 10104
of 2026 vide order dated 28.10.2026 and the case of the present
applicant is similar to that of the said co-accused persons. He
would further submit that the applicant has no criminal
antecedents, charge-sheet has already been filed and the trial is
likely to take considerable time to conclude. Therefore, he prays
for grant of regular bail to the applicant.
4. On the other hand, learned State counsel would oppose the
prayer for grant of bail and submit that the applicant was involved
in the present case. However, she would fairly submit that the
applicant has no criminal antecedents and the charge-sheet has
already been filed before the competent Court. Nevertheless,
considering the seriousness of the allegations, she prays for
rejection of the bail application.
5. I have heard learned counsel for the parties and perused the case
diary.
Having considered the facts and circumstances of the case,
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nature and gravity of the offence alleged against the applicant, the
fact that the alleged liquor was seized from the possession of co-
accused Khilendra Sahu @ Golu and Kamlesh Sahu and no
recovery has been made from the present applicant and further
considering that similarly situated co-accused persons, namely
Yashpal Deshmukh, Chumman Lal Nirmalkar and Dilip Kumar,

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have already been granted bail by this Court in MCRC No. 10104
of 2026 vide order dated 28.10.2026, the applicant has no
criminal antecedents, charge-sheet has already been filed and he
is in judicial custody since 25.07.2026, thus without further
commenting upon the merits of the case, this Court is inclined to
grant bail to the applicant.
7. Accordingly, the bail application of the applicant is allowed . It
is directed that in the event of the applicant executing a
personal bond for a sum of Rs.50,000/- with one surety in the
like sum to the satisfaction of the concerned trial Court, he
shall be released on bail on the following conditions:-
(i) he 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) he shall not act in any manner which will be
prejudicial to fair and expeditious trial, &
(iii) he shall appear before the trial Court on each
and every date given to him by the said Court till
disposal of the trial.
- S/- Sd/-
(Rakesh Mohan Pandey)
Judge
Kunal