Grant of regular bail for possession of mahua liquor despite previous criminal antecedents and pending charge-sheet.

The applicant was arrested on 08.03.2026 in connection with Crime No. 101/2026 following a police raid that resulted in the seizure of 06 bulk liters of raw mahua liquor, valued at Rs. 1200/-, from his possession.

The applicant filed this First Bail Application seeking regular bail.

The prosecution opposed the application on the grounds that the charge-sheet had not yet been filed and that the applicant is a habitual offender with two previous criminal antecedents.

1. Whether the applicant is entitled to regular bail under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023, considering the quantity of liquor seized and his previous criminal history.

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

Sections 34(2) and 59(A) of the Chhattisgarh Excise Act, which prescribe a minimum punishment of one year and a maximum of three years for the unlawful possession of liquor in large quantities.

The Court also referenced procedural conditions under Sections 269 (non-appearance), 84 (proclamation for person absconding), 209 (failure to appear), and 351 (recording of statement) of the BNSS to ensure the applicant's compliance during trial.

The Court weighed the gravity of the allegations and the applicant's criminal history against the duration of his pretrial detention. It noted that while the applicant has two criminal antecedents, these were explained in the bail application.

The Court observed that the quantity seized was 06 bulk liters and the maximum potential punishment under Section 34(2) of the Excise Act is three years.

Considering that the applicant had been in custody since 08.03.2026 and the trial was likely to take significant time to conclude, the Court determined that continued incarceration was not necessary, provided strict conditions were imposed to secure his presence at trial and prevent the abuse of liberty.

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