Grant of regular bail for possession of 104 liters of liquor considering limited criminal antecedents and charge-sheet filing.

The applicants were arrested on February 19, 2026, after police intercepted a Tata Tigor car containing 104 liters of illegal English liquor valued at ₹1,46,280.

A case was registered under Section 34(2) of the Chhattisgarh Excise Act at Police Station Ramchandrapur.

The applicants filed this First Bail Application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, seeking regular bail.

Applicant No. 1 had one prior criminal antecedent under the IPC and SC/ST Act, while Applicant No. 2 had no prior record.

The charge-sheet had already been filed by the time of the hearing.

1. Whether the applicants are entitled to the grant of regular bail under Section 483 of the BNSS, 2023, considering the nature of the offense and their period of incarceration.

Section 34(2) of the Chhattisgarh Excise Act, which prescribes a minimum punishment of one year and a maximum of three years for the illegal possession/transportation of liquor.

Section 483 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023.

Sections 209 and 269 of the Bharatiya Nyaya Sanhita (BNS) and Sections 84 and 351 of the BNSS regarding the conditions of bail and consequences of non-appearance.

The Court balanced the gravity of the allegations—the seizure of 104 liters of liquor—against the procedural status and the personal history of the applicants.

It noted that the charge-sheet had already been filed, meaning the investigation was complete, and the applicants had been in custody since February 19, 2024.

The court observed that Applicant No. 1 had only one criminal antecedent and Applicant No. 2 had none.

Given that the maximum sentence for the offense is three years and the trial was expected to take considerable time, the Court reasoned that further detention was unnecessary, provided the applicants adhered to strict conditions to ensure their presence during trial.

The holding directed their release upon furnishing a personal bond with two local sureties each, subject to conditions including appearing at key trial stages and consequences of non-appearance under BNS.