Facts
The applicant was arrested on 24.02.2026 in connection with Crime No. 61/2026 after police intercepted a Tata Curve vehicle near bypass chowk Kondagaon
Source reference: para. 2Upon searching the vehicle, police seized 171 bulk liters of "Goa Whisky" (English liquor) contained in 19 cartons from the joint possession of the applicant and two co-accused
Source reference: para. 2The applicant sought regular bail, noting that he had been in custody since the date of arrest, the charge-sheet had already been filed, and although he had three criminal antecedents, none were under the Excise Act
Source reference: paras. 3-4Issues
Whether the applicant is entitled to the grant of regular bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, considering the quantity of liquor seized and his prior criminal record
Source reference: para. 1, 6Law Applied
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 transport or possession of liquor
Source reference: para. 3Section 483 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, regarding the power of the High Court to grant bail
Source reference: para. 1Sections 269, 84, 209, and 351 of the Bharatiya Nyaya Sanhita (BNS) and BNSS to set conditions for the continued liberty of the applicant
Source reference: para. 7Reasoning
The Court weighed the gravity of the offense against the period of the applicant's incarceration and the status of the investigation. It observed that the applicant had been in jail since 24.02.2026 and that the investigation was completed with the filing of the charge-sheet
Source reference: para. 6While the State opposed bail citing the 171-liter seizure and three criminal antecedents, the Court noted that none of those antecedents were related to the Excise Act
Source reference: para. 4, 6Given that the trial was likely to take time and the maximum punishment for the offense is three years, the Court determined that further detention was not necessitated provided stringent conditions were imposed to ensure the applicant's presence during trial
Source reference: paras. 6-7Holding
The Court allowed the application and granted regular bail to the applicant
The holding directed the applicant's release upon furnishing a personal bond with two sureties, subject to specific conditions: (i) no seeking of adjournments during evidence; (ii) mandatory presence on all trial dates; (iii) personal appearance for framing of charges and recording of statements under Section 351 BNSS; and (iv) liability for proceedings under Sections 209 and 269 of the BNS/BNSS in case of default
Source reference: para. 7Original Court PDF
NIHAL SINGH BHATIAvsSTATE OF CHHATTISGARH
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