Grant of regular bail for possession of 6.12 bulk liters of illicit liquor under Chhattisgarh Excise Act.

The applicant filed this first bail application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS).

The applicant was arrested on February 28, 2026, by the Excise Circle, Dhamdha, for allegedly possessing 34 bottles (6.12 bulk liters) of "Shole country liquor" valued at Rs. 3,400/-.

The applicant argued false implication and highlighted that the trial would be prolonged.

The State opposed the bail, citing a criminal antecedent from 2023 under the Excise Act and the recovery of illicit liquor from the applicant's possession.

Whether the applicant is entitled to the grant of regular bail under Section 483 of the BNSS for an offense under Section 34(2) of the C.G. Excise Act, considering his period of incarceration and the nature of the evidence?

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 illicit possession of liquor.

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

Section 269 of the Bharatiya Nyaya Sanhita (BNS) regarding failure to appear before the court and Section 209 of the BNS regarding non-appearance in response to a proclamation.

The court evaluated the gravity of the allegations alongside the duration of the applicant’s custody (since February 28, 2026).

Although the State pointed to a prior criminal record from 2023, the court observed that the charge-sheet had already been filed and the conclusion of the trial was expected to take considerable time.

The court reasoned that in the current circumstances, including the nature of the recovery (6.12 bulk liters), the applicant’s continued detention was not warranted, provided strict conditions were imposed to ensure his presence during the trial.

The court ordered his release on a personal bond with two sureties, subject to several conditions: the applicant must not seek unnecessary adjournments [para 7(i)]; he must appear at all trial stages as per the BNSS and BNS [para 7(ii), (iv)]; and any violation of bail terms or failure to appear under Section 84 of the BNSS would lead to proceedings under Section 209 of the BNS.