Grant of Bail Under Excise Act Where Liquor Is Recovered From An Open Public Forest Area.

The applicants were arrested on 11.02.2026 following a police raid based on secret information regarding the illegal manufacture of liquor in a forest area near Village Bijepur.

Police seized 150 liters of country-made liquor from an open area; the accused failed to produce valid documentation.

The applicants were charged under Sections 34(2) and 34(1)(क)(च) of the Chhattisgarh Excise Act.

The applicants contended they were falsely implicated, noting that the seizure occurred in an open space rather than from their direct physical possession.

At the time of the hearing, the charge-sheet had already been filed.

1. Whether the applicants are entitled to the grant of regular bail considering the nature of the seizure and their period of incarceration.

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

Penal provisions of Sections 34(2) and 34(1)(क)(च) of the Chhattisgarh Excise Act.

Established bail jurisprudence regarding the gravity of the offense, the absence of previous criminal antecedents, the status of the investigation (filing of the charge-sheet), and the length of pretrial detention.

The Court evaluated the facts and circumstances, specifically noting that while a significant quantity of liquor was seized, it was recovered from an "open area" rather than the exclusive possession of the applicants.

The Court observed that the investigation had progressed significantly, as the charge-sheet had already been filed before the competent court.

A critical factor in the Court’s reasoning was the State's admission that the applicants had no prior criminal record.

Balancing the nature of the allegations against the fact that the applicants had been in jail since 11.02.2026, the Court determined that continued detention was unnecessary.

The holding was contingent upon the furnishing of a personal bond with two sureties each and strict adherence to several conditions: (i) an undertaking not to seek unnecessary adjournments; (ii) mandatory presence on fixed trial dates; and (iii) compliance with Section 269, 209, and 351 of the BNSS regarding personal appearances and consequences for the abuse of liberty.