Bail Granted for Possession of Bulk Liquor Despite Criminal Antecedents Pending Charge-Sheet Filing and Trial Delay

The applicant, Sunil Kumar, was arrested on February 27, 2026, following a raid by the Excise Circle Jaijaipur.

Police acted on secret information and allegedly seized 834 liters of country-made Kacchi Mahua liquor from the applicant's possession.

Consequently, Crime No. 293/2025 was registered for offences under Section 34(2) of the C.G. Excise Act.

The applicant moved this First Bail Application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, contending false implication and noting that the investigation is complete with the charge-sheet already filed.

1. Whether the applicant is entitled to regular bail under Section 483 of the BNSS, 2023, considering the quantity of liquor seized, his period of incarceration, and his criminal antecedents.

Section 34(2) of the Chhattisgarh Excise Act, which prescribes a minimum punishment of one year and a maximum of three years for the unlawful manufacture, transport, or possession of liquor.

Section 483 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, which provides for the High Court's power to grant bail.

Sections 209 (non-appearance), 269 (omission to attend), and 351 (accused's statement) of the Bharatiya Nyaya Sanhita (BNS) and Section 84 of the BNSS (proclamation for person absconding) to set conditions for the preservation of the trial process.

The court balanced the gravity of the allegations—the seizure of 834 liters of illicit liquor—against the applicant’s right to liberty during the trial.

Although the State opposed bail citing two criminal antecedents, the court observed that only one of those cases was currently pending and relevant.

The court noted that the applicant had been in custody since February 27, 2026, the charge-sheet had already been filed, and the trial was expected to take a significant amount of time to conclude.

Given that the maximum sentence for the offence is three years, the court determined that further pre-trial detention was not warranted, provided strict conditions were imposed to ensure the applicant’s presence at trial and to prevent the abuse of liberty.

The Court allowed the bail application and ordered the release of Sunil Kumar upon furnishing a personal bond with two sureties, subject to several conditions including non-avoidance of hearings and presence during framing of charges and statements under Section 351 of the BNSS.