Chhattisgarh High Court

Grant of bail for liquor seizure where antecedents involve non-excise offenses and charge-sheet is filed.

NIHAL SINGH BHATIA vs STATE OF CHHATTISGARH

Chhattisgarh High CourtJUDGMENT: April 28, 20262 MIN READSOURCE JUDGMENT
THE ORIGINAL LAWLENS SUMMARY
01

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. 2

Upon 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. 2

The 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. 3-4
02

Issues

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, 6
03

Law 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. 3

Section 483 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, regarding the power of the High Court to grant bail

Source reference: para. 1

Sections 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. 7
04

Reasoning

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. 6

While 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, 6

Given 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. 6-7
05

Holding

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. 7
Chhattisgarh High Court

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NIHAL SINGH BHATIAvsSTATE OF CHHATTISGARH

Chhattisgarh High Court · April 28, 2026

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