Grant of Regular Bail Under Section 34(2) of Excise Act Where Applicant Acquitted in Previous Antecedents

The applicant filed this first bail application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, for the offence punishable under Section 34(2) of the C.G. Excise Act.

The applicant, Shankar Puraina, was arrested on 12.03.2026 following a police raid by Police Station Lawan based on secret information.

The police allegedly seized 55 liters of Mahua liquor from his possession, leading to the registration of Crime No. 84/2026.

The applicant contended he was falsely implicated and noted that while he had two past criminal antecedents, he had been acquitted in both.

Whether the applicant is entitled to the grant of regular bail considering the period of incarceration, the nature of the offence, and his criminal history.

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

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.

Sections 269 (non-appearance), 84 (proclamation for person absconding), 209 (failure to appear in compliance with proclamation), and 351 (recording of statement) of the Bharatiya Nyaya Sanhita (BNS) and BNSS.

The Court evaluated the gravity of the allegations alongside the progress of the legal proceedings. It noted that the charge-sheet had already been filed and the applicant had been in custody since 12.03.2026.

Although the prosecution highlighted 55 liters of liquor and two criminal antecedents, the Court observed that the applicant had been acquitted in both previous cases, negating the weight of those antecedents against him.

Considering that the maximum sentence for the offence is three years and the trial's conclusion would likely be delayed, the Court determined that continued detention was unnecessary.

The Court balanced the liberty of the applicant with judicial discipline by imposing strict conditions, including undertakings against seeking adjournments and mandatory presence during key trial stages.

The Court allowed the bail application and ordered the release of Shankar Puraina upon furnishing a personal bond with two sureties.

The Court imposed specific conditions: the applicant must appear at every hearing, must not seek unnecessary adjournments, and must be present for the framing of charges and recording of statements.

Failure to comply would allow the trial court to initiate proceedings under Sections 209 and 269 of the BNS/BNSS.