SANTOSH BANJARE vs THE STATE OF CHHATTISGARH

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CGHC010304762026 2026:CGHC:38680
NAFR
MANPREET
KAUR
Digitally signed
by MANPREET
KAUR
Date: 2026.09.01
15:41:02 +0530
HIGH COURT OF CHHATTISGARH AT BILASPUR
MCRC No. 7648 of 2026
Santosh Banjare S/o Ratanlal Banjare Aged About 35 Years R/o Village
Nayapara Acharidih, Police Station Mahasamund, Tehsil And District
Mahasamund Chhattisgarh
... Applicant(s)
versus
The State Of Chhattisgarh Through The Station House Officer, Police
Station Excise Circle Mahasamund, District Mahasamund Chhattisgarh
... Respondent(s)
For Applicant(s) : Mr. Punit Ruparel, Advocate
For Respondent(s) : Ms. Anusha Naik, Dy. G.A.
Hon'ble Mr. Ramesh Sinha, Chief Justice
Order on Board
01.09.2026
1. The applicant has preferred this First Bail Application under
Section 483 of The Bharatiya Nagarik Suraksha Sanhita (BNSS)
for grant of regular bail, as he has been arrested in connection
with Crime No.53/2026, registered at Police Station- Excise Circle
Mahasamund, District- Mahasamund (C.G.) for the offence
punishable under Section 34(1)(A) and 34(2) of the C.G. Excise
Act.

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2. The prosecution case, in brief, is that on 16.06.2026, the Excise
Circle, Mahasamund, received information that vehicle bearing
registration No. CG-04-HK-7811 was being used for transporting
illicit liquor. Acting upon the said information, the Excise officials
intercepted and checked the vehicle and allegedly recovered 120
litres of beer from the possession of the applicant. Consequently,
Crime No. 53/2026 was registered against the applicant for the
offence punishable under Section 34(2) of the Chhattisgarh
Excise Act, and he was arrested on 24.06.2026.
3.
It has been argued by the learned counsel for the applicant that
the applicant is innocent and has been falsely implicated in this
case. He further submits that the applicant is languishing in jail
since 24.06.2026 and the trial is likely to take some time for its
conclusion. He later submits that so far as criminal antecedents of
the applicant is concerned, the applicant has no previous
antecedent registered against him. He lastly submits that under
Section 34(2) of the Chhattisgarh Excise Act, minimum
punishment is one year and maximum punishment is three years,
therefore, he prays grant of bail.
4. Learned counsel appearing for the State/non-applicant opposes
the bail application of the applicant and also the submissions
.
advanced by learned counsel for the applicant
5. I have heard learned counsel for the parties and perused the case
diary.

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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 antecedents registered
against him, he is languishing in jail since 24.06.2026 and the
conclusion of the trial is likely to take some time, as such, the
Court is of the opinion that the applicant is entitled to be enlarged
on bail. Hence, the bail application of the applicant is allowed .
7.
Let applicant, Santosh Banjare , involved in Crime No.53/2026,
registered at Police Station- Excise Circle Mahasamund, District-
Mahasamund (C.G.) for the offence punishable under Section
34(1)(A) and 34(2) of the C.G. Excise Act, be released on bail on
his furnishing a personal bond with two sureties in the like sum
to the satisfaction of the court concerned:-
(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
them under Section 269 of Bharatiya Nyaya
Sanhita.
(iii) In case, the applicant misuses the liberty of bail

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during trial and in order to secure his presence
proclamation under Section 84 of Bharatiya Nyaya
Sanhita 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 him, in accordance with law,
under Section Section 209 of 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 him in accordance with law.
8. Office is directed to provide a certified copy of this order to the trial
Court concerned for necessary information and compliance.
Sd/-
(Ramesh Sinha)
Chief Justice
Manpreet