Chhattisgarh High Court

Bail Granted: Accused in Excise Act case due to prolonged incarceration, charge sheet filing.

SEVAKRAM NETAM vs STATE OF CHHATTISGARH

Chhattisgarh High CourtJUDGMENT: March 13, 20262 MIN READSOURCE JUDGMENT
THE ORIGINAL LAWLENS SUMMARY
01

Facts

The applicants, Sevakram Netam and Pawan Bariha, were arrested in connection with Crime No. 06/2026, registered at Police Station Bagbahara, District Mahasamund (C.G.), for offenses punishable under Section 34(2) of the C.G. Excise Act.

Source reference: p.1, para 1

On January 9, 2026, police received secret information about individuals transporting country-made liquor on a black-colored motorcycle from Village Bokramuda Khurd to Village Ghuchapali.

Source reference: p.2, para 2

Acting on this information, a raid was conducted near Village Junwani Kalan, and a total of 15 bulk liters of country plain liquor were seized from the accused's possession, allegedly kept illegally.

Source reference: p.2, para 2

The applicants have been in jail since January 9, 2026.

Source reference: p.3, para 6

The charge-sheet has already been filed in the competent Court.

Source reference: p.3, para 4 6

The applicants contend they are innocent, falsely implicated, and have no prior criminal antecedents to their knowledge.

Source reference: p.2, para 3

The State, however, submits that the applicants have three previous criminal antecedents.

Source reference: p.3, para 4
02

Issues

1. Whether the applicants are entitled to regular bail under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023, for offenses punishable under Section 34(2) of the C.G. Excise Act?

Source reference: p.1, para 1
03

Law Applied

The court primarily applied Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023, which governs the grant of regular bail.

Source reference: p.1, para 1

It also considered the nature and gravity of allegations, the duration of incarceration, the status of the investigation (charge-sheet filing), and the likelihood of the trial taking considerable time, as these are common factors in bail jurisprudence.

Source reference: p.3, para 6
04

Reasoning

The court considered the overall facts and circumstances of the case, the nature and gravity of the allegations against the applicants, and the fact that the charge-sheet had already been submitted.

Source reference: p.3, para 6

It noted that the applicants had been in jail since January 9, 2026, and acknowledged that the conclusion of the trial was likely to take some time.

Source reference: p.3, para 6

Despite the State Counsel's submission regarding three prior criminal antecedents, the court found these factors sufficient to lean towards granting bail, indicating that continued pre-trial detention would be undesirable given the likely duration of the trial.

Source reference: p.3, para 3, 4, 6
05

Holding

The High Court allowed the first bail application.

The applicants, Sevakram Netam and Pawan Bariha, involved in Crime No. 06/2026 under Section 34(2) of the C.G. Excise Act, are to be released on bail.

Source reference: p.3, para 6, 7

This release is conditional upon furnishing a personal bond with two local sureties each for the like sum to the satisfaction of the concerned court, subject to several conditions including not seeking adjournments, remaining present in court, and not misusing the liberty of bail.

Source reference: p.4, para 7 (i)-(iv)
Chhattisgarh High Court

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SEVAKRAM NETAMvsSTATE OF CHHATTISGARH

Chhattisgarh High Court · March 13, 2026

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