Grant of regular bail for possession of illicit liquor despite prior criminal antecedents of the applicants.

The applicants were arrested on February 9, 2026, following a police raid by the Bhatgaon Police Station, which resulted in the seizure of 85 bulk liters of illicit liquor allegedly from their joint possession.

Consequently, Crime No. 34/2026 was registered against them for offenses under the Chhattisgarh Excise Act.

The applicants moved this First Bail Application under Section 483 of the Bhartiya Nagarik Suraksha Sanhita (BNSS), 2023, contending that the liquor was recovered from an open area and not from their conscious possession.

Both applicants have prior criminal records under the Excise Act, though all previous cases are reportedly disposed of.

1. Whether the applicants are entitled to the grant of regular bail under Section 483 of the BNSS, 2023, considering the quantity of liquor seized and their criminal antecedents.

Section 34(2) of the Chhattisgarh Excise Act, which prescribes penalties for the illegal possession and sale of large quantities of liquor.

Section 483 of the Bhartiya Nagarik Suraksha Sanhita (BNSS), 2023 (the successor to Section 439 of the CrPC).

Section 269 and 209 of the Bharatiya Nyaya Sanhita (BNS) regarding penalties for non-attendance or non-compliance with court proceedings.

The Court weighed the prosecution's objection regarding the applicants' status as "habitual offenders" due to their criminal antecedents against the fact that those prior cases had already been disposed of.

The Hon'ble Chief Justice noted that the charge-sheet had already been filed, indicating that custodial interrogation was no longer required.

The Court observed that the applicants had been in jail since February 9, 2026, and the trial was likely to be protracted.

By evaluating the nature of the allegations (85 bulk liters) alongside the period of incarceration, the Court determined that further detention was unnecessary, provided stringent conditions were imposed to ensure their participation in the trial.

The Court allowed the bail application and ordered the release of Santosh Khunte and Prakash Khunte on personal bonds with two sureties each subject to strict conditions: the applicants must not seek adjournments when witnesses are present, must appear personally for framing of charges and Section 351 BNSS statements, and must comply with all trial schedules or face proceedings under Sections 209 and 269 of the BNS.