Bail granted to first-time offender in Excise case involving 22 liters of illicit liquor.

The applicant was arrested following a police raid at Village Chiraipani, District Raigarh, where 22 liters of country-made liquor were allegedly recovered from his possession

The prosecution alleged this exceeded the 5-liter permissible limit and registered an offense as the applicant lacked a valid license

The applicant was arrested on 18.02.2026, and the charge-sheet was filed on 28.02.2026 before the Judicial Magistrate First Class, Raigarh

The applicant filed this first bail application contending false implication and highlighting a lack of criminal antecedents

1. Whether the applicant is entitled to grant of regular bail under Section 483 of the Bhartiya Nagarik Suraksha Sanhita (BNSS), 2023, considering the quantity of contraband seized and the period of incarceration

The court primarily applied Section 34(2) and Section 59(a) of the Chhattisgarh Excise Act, which govern the unlawful possession of intoxicants and related penalties

Procedurally, the application was governed by Section 483 of the Bhartiya Nagarik Suraksha Sanhita (BNSS), 2023, regarding the power of the High Court to grant bail

The court also referenced the transition of procedural law, citing Sections 209, 269, and 351 of the Bharatiya Nyaya Sanhita (BNS) and Section 84 of the BNSS regarding bail conditions and trial compliance

The court evaluated the gravity of the allegations involving 22 liters of country-made liquor against the mitigating factors presented

It noted that the minimum punishment for the offense is one year, while the maximum is three years

The court emphasized that the investigation was complete with the charge-sheet already filed and that the applicant had no prior criminal record

Reasoning that the conclusion of the trial would likely take considerable time and noting the applicant had been in custody since February 2026, the court determined that continued pretrial detention was unnecessary, provided strict conditions were imposed to ensure the applicant’s presence during trial

The holding was contingent upon several conditions: the applicant must not seek unnecessary adjournments, must be present on all trial dates (personally or through counsel), and must appear in person for specific stages such as the framing of charges and recording of statements under Section 351 of BNSS; Failure to comply would allow the trial court to treat the default as an abuse of liberty