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 1On 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 2Acting 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 2The applicants have been in jail since January 9, 2026.
Source reference: p.3, para 6The charge-sheet has already been filed in the competent Court.
Source reference: p.3, para 4 6The applicants contend they are innocent, falsely implicated, and have no prior criminal antecedents to their knowledge.
Source reference: p.2, para 3The State, however, submits that the applicants have three previous criminal antecedents.
Source reference: p.3, para 4Issues
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 1Law 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 1It 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 6Reasoning
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 6It 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 6Despite 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, 6Holding
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, 7This 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)Original Court PDF
SEVAKRAM NETAMvsSTATE OF CHHATTISGARH
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