Grant of bail for possession of commercial quantity of liquor despite one pending criminal antecedent.

The applicant was arrested for allegedly possessing 12.600 bulk liters of country-made liquor seized by the Baloda Police.

Consequently, an offence was registered under Section 34(2) of the C.G. Excise Act (Crime No. 36/2026).

The applicant has been in custody since January 26, 2026.

The State opposed the bail on the grounds that the applicant has one prior criminal antecedent of a similar nature and is a habitual offender.

The charge-sheet has already been filed before the competent court.

1. Whether the applicant is entitled to regular bail under Section 483 of the Bhartiya Nagarik Suraksha Sanhita (BNSS), 2023, considering his period of incarceration and the nature of the offence.

The Court applied Section 483 of the Bhartiya Nagarik Suraksha Sanhita (BNSS), 2023, regarding the power of the High Court to grant bail.

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

The court also referenced various procedural obligations under the Bharatiya Nyaya Sanhita (BNS) and BNSS, specifically Sections 269 BNS (contempt of lawful authority), 209 BNS (failure to appear), and Sections 84 (proclamation for person absconding) and 351 (evidence in presence of accused) of the BNSS.

The Court weighed the gravity of the allegations and the criminal history of the applicant against the duration of his pretrial detention.

While the State argued that the applicant's single criminal antecedent rendered him a habitual offender, the Court noted that the applicant had been in jail since January 26, 2026, and the charge-sheet had already been filed.

Finding that the trial was likely to take significant time to conclude and noting the nature of the punishment prescribed under the Excise Act, the Court determined that continued detention was not warranted provided strict conditions were met to ensure the applicant's cooperation with the judicial process.

The holding is contingent upon several conditions: the applicant must not seek unnecessary adjournments, must appear at every hearing (unless excused), and must be present for framing of charges and recording of statements. Failure to comply would authorize the trial court to treat the default as an abuse of liberty and proceed under Sections 209 or 269 of the BNS.