Grant of regular bail for possession of mahua liquor despite three criminal antecedents.

The applicant, Ramdhari Pardhi, was arrested on January 19, 2026, by the Pulgaon Police for being in possession of 07 bulk liters of country-made Mahua liquor following a raid.

He was charged under Sections 34(2) and 49(A)(1) of the C.G. Excise Act in Crime No. 77/2026.

The applicant moved his First Bail Application under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 (BNSS), arguing false implication and noting that although he has three criminal antecedents, two have been disposed of and one remains pending.

The State opposed the bail on the grounds that the applicant is a habitual offender with a pending excise case.

1. Whether the applicant is entitled to the grant of regular bail under Section 483 of the BNSS, 2023, considering the quantity of liquor seized and his criminal history.

The Court applied Section 483 of the Bhartiya Nagarik Suraksha Sanhita (BNSS), 2023, which governs the High Court’s power to grant bail (formerly Section 439 of the CrPC).

The court also considered Sections 34(2) and 49(A)(1) of the C.G. Excise Act regarding the illegal possession and sale of liquor.

Procedural compliance and the consequences of bond forfeiture were governed by Sections 84 (proclamation for person absconding), 209 (failure to appear), 269 (non-attendance), and 351 (recording of statements) of the BNSS.

The Court weighed the nature and gravity of the allegations against the duration of the applicant's incarceration since January 19, 2026.

While acknowledging the State’s concern regarding the applicant’s three criminal antecedents, the Court noted that two of these cases had already been disposed of, leaving only one pending excise matter.

Given that the charge-sheet had already been filed and the trial was expected to take considerable time to conclude, the Court found that continued detention was not warranted.

To mitigate the risk of recidivism or abscondence, the Court imposed stringent conditions, including personal bonds, sureties, and mandatory presence during critical trial stages.

The Court allowed the bail application and ordered the release of Ramdhari Pardhi on a personal bond with two sureties.