Chhattisgarh High CourtCriminal Procedure and EvidenceCriminal Law

No Liquor Recovered From Him: Chhattisgarh HC Grants Bail To Shop Employee In 457.920-Litre Liquor Seizure Case

TIKESHWAR NISHADv.STATE OF CHHATTISGARH

No Liquor Recovered From Him: Chhattisgarh HC Grants Bail To Shop Employee In 457.920-Litre Liquor Seizure Case. TIKESHWAR NISHAD vs STATE OF CHHATTISGARH. Chhattisgarh High Court. LawLens
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In brief

The question

Whether the applicant should be released on regular bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, having regard to the circumstances of the case.

The court held

The Court allowed the bail application and directed the applicant’s release on a personal bond of ₹50,000 with one surety for the like sum, to the satisfaction of the trial Court.

It also directed

Bail was subject to conditions prohibiting interference with witnesses or the fair trial and requiring the applicant to attend every hearing until the trial concludes.

01Facts

The applicant, an employee of a government liquor shop in Balod, was implicated in a case under Section 34(2) of the Chhattisgarh Excise Act after police seized 457.920 bulk litres of liquor from the houses of two co-accused.

¶ 1

The applicant was not alleged to have possessed the seized liquor; his implication arose during the investigation into the alleged sale of liquor by shop employees after closing hours.

¶ 1

After the charge-sheet was filed, he sought regular bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023.

¶ 1

He relied, among other matters, on the bail granted to similarly situated co-accused.

¶ 3, 6

02Issues

i.Whether the applicant should be released on regular bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, having regard to the circumstances of the case.

¶ 1, 5–6

ii.Whether the grant of bail to similarly situated co-accused supported granting bail to the applicant.

¶ 3, 6

03Law Applied

Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, provides the basis for the High Court’s consideration of an application for regular bail.

¶ 1

The alleged offence was punishable under Section 34(2) of the Chhattisgarh Excise Act.

¶ 1

In deciding bail, the Court considered the nature and gravity of the allegations, whether any recovery had been made from the applicant, parity with co-accused who had been granted bail, the applicant’s antecedents, the filing of the charge-sheet, and his custody.

¶ 6

Provisions in the judgment · 1 · Linked ones open on LawLens

Bharatiya Nagarik Suraksha Sanhita, 2023 Section 483

04Reasoning

The Court found that the liquor had been seized from the co-accused, not the applicant, and that no recovery had been made from him.

¶ 6

It also considered that similarly situated co-accused had already been granted bail, the applicant had no criminal antecedents, the charge-sheet had been filed, and he had been in judicial custody since 25 July 2026.

¶ 6

Weighing these circumstances, the Court concluded that the applicant’s release on bail was appropriate without expressing any view on the merits of the case.

¶ 6

05Holding

The Court allowed the bail application and directed the applicant’s release on a personal bond of ₹50,000 with one surety for the like sum, to the satisfaction of the trial Court.

¶ 7

Bail was subject to conditions prohibiting interference with witnesses or the fair trial and requiring the applicant to attend every hearing until the trial concludes.

¶ 7
Chhattisgarh High Court

Original Court PDF

TIKESHWAR NISHADvsSTATE OF CHHATTISGARH

Chhattisgarh High Court · November 03, 2026

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