Filing of charge-sheet and duration of custody warrant regular bail under Excise Act despite existing criminal antecedents.

The applicant, Kishan Lal Banjare, was arrested on January 12, 2026, following a police raid in Lailunga, District Raigarh, where he was allegedly found in possession of 35 liters of illicit country-made mahua liquor stored in two jerricans.

He was charged under Sections 34(2) and 59(a) of the Chhattisgarh Excise Act.

The applicant has three prior criminal antecedents.

The investigation is complete, the charge-sheet has been filed, and the applicant moved this First Bail Application under the Bharatiya Nagarik Suraksha Sanhita (BNSS).

Whether the applicant is entitled to regular bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, given the nature of the offense and his criminal history.

Section 483 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, which governs the grant of regular bail.

Sections 34(2) and 59(a) of the Chhattisgarh Excise Act, where the prescribed punishment ranges from one to three years of imprisonment.

The Court also referenced procedural safeguards under the BNSS, including Section 269 (punishment for non-attendance), Section 84 (proclamation for person absconding), Section 209 (punishment for non-appearance), and Section 351 (recording of statement of the accused).

The Court balanced the gravity of the allegations and the applicant's three criminal antecedents against the procedural status of the case.

It noted that the charge-sheet has already been filed, meaning the custodial interrogation or investigation requirement is satisfied.

The Court took into account that the applicant had been incarcerated since January 12, 2026, and acknowledged that the trial was unlikely to conclude in the near future.

Despite the State's opposition regarding the seized quantity of liquor and the applicant's history, the Court found that continued detention was not necessary, provided that the liberty of bail was balanced with stringent conditions to ensure the applicant’s cooperation with the trial process.

The holding is contingent upon several conditions: the applicant must not seek adjournments during evidence, must appear personally on all fixed dates (unless exempted), and must specifically appear for the framing of charges and the recording of his statement under Section 351 of the BNSS.

Any violation of these conditions or misuse of liberty allows the trial court to proceed against him under Sections 209 or 269 of the Bharatiya Nyaya Sanhita (BNS).