Bail granted for excise offence considering clean antecedents, filing of charge-sheet, and moderate quantity seized.

The applicant, Durjan Nishad, was arrested on January 24, 2026, after police at Saraipali Station received a tip regarding the illicit sale of liquor

Upon conducting a raid near Beej Nigam Godown, authorities seized 20 bulk liters of handmade Mahua liquor from the applicant's possession

Consequently, Crime No. 27/2026 was registered under Section 34(2) of the C.G. Excise Act

The applicant moved the High Court for regular bail under Section 483 of the Bhartiya Nagarik Suraksha Sanhita (BNSS), 2023, following the filing of the charge-sheet

Whether the applicant is entitled to regular bail under Section 483 of the BNSS, 2023, given the quantity of contraband seized and the lack of criminal antecedents

Section 34(2) of the Chhattisgarh Excise Act, which mandates a minimum punishment of one year and a maximum of three years for the illicit possession/sale of liquor

Section 483 of the Bhartiya Nagarik Suraksha Sanhita (BNSS), 2023, which governs the powers of the High Court to grant bail

Sections 209, 269, and 351 of the Bharatiya Nyaya Sanhita (BNS) and Section 84 of the BNSS regarding the conditions of bail and consequences of non-compliance

The Court weighed the nature of the offense against the applicant's personal circumstances and procedural progress.

It noted that the applicant had no prior criminal record and that the investigation was substantially complete as the charge-sheet had already been filed

The Court observed that the applicant had been in custody since January 24, 2026, and that the trial was likely to be prolonged

Despite the State’s opposition regarding the 20-liter quantity of liquor, the Court determined that the lack of antecedents and the duration of pretrial detention justified the grant of bail, provided strict conditions were imposed to ensure the applicant's participation in the trial

The holding was subject to several conditions: the applicant must not seek unnecessary adjournments, must appear personally at all critical trial stages under Section 351 of BNSS, and faces proceedings under BNS Sections 269 or 209 for any deliberate absence or misuse of liberty