Regular bail granted after charge-sheet filing where accused had no antecedents and trial was likely to be prolonged.

The applicants, Set Kumar Bariha and Sanudhar Bariha, were arrested on 1 August 2026 in connection with Crime No. 171/2026 registered at Police Station Sariya, District Sarangarh-Bilaigarh, for offences under Sections 34(2) and 59(a) of the Chhattisgarh Excise Act.

Acting on secret information that two persons were carrying illicit liquor from Odisha towards Kenabhatha and Karrakot, the police conducted a search and allegedly recovered 50 litres of handmade kachchi mahua liquor from the applicants in a green plastic bag.

The applicants sought regular bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, contending that they were innocent, had no criminal antecedents, the liquor was not recovered from their exclusive possession, the charge-sheet had been filed, and the trial would take time.

The State opposed bail on the ground that the illicit liquor had been seized from the applicants’ possession, while conceding that they had no criminal antecedents.

Whether the applicants should be released on regular bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, in a prosecution under Sections 34(2) and 59(a) of the Chhattisgarh Excise Act.

Whether the applicants’ age, absence of criminal antecedents, filing of the charge-sheet, and the anticipated delay in trial justified grant of bail.

The Court applied Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, governing the High Court’s power to grant regular bail.

The alleged offences were under Sections 34(2) and 59(a) of the Chhattisgarh Excise Act, concerning the unlawful possession or transportation of illicit liquor.

In deciding bail, the Court considered the nature of the allegations, the materials relating to seizure, the applicants’ criminal antecedents, their personal circumstances, the filing of the charge-sheet, and the likely duration of the trial.

The Court acknowledged the prosecution’s allegation that 50 litres of illicit handmade liquor had been recovered from the applicants and noted the State’s opposition to bail.

However, balancing the seriousness and nature of the allegation against the relevant bail considerations, the Court relied on the fact that the charge-sheet had already been filed, neither applicant had criminal antecedents, one applicant was only 19 years old, and the trial was likely to take further time.

Without expressing any opinion on the merits of the prosecution case, the Court found these circumstances sufficient to justify release on regular bail.

The applicants were directed to be released on regular bail upon furnishing bonds of ₹25,000 each with one surety in the same amount to the satisfaction of the trial court.

The release was subject to conditions, including that they would not seek adjournments when witnesses were present, remain present before the trial court on scheduled dates, comply with proceedings concerning absence or misuse of bail, and appear personally on the dates fixed for opening of the case, framing of charge, and recording of statements under Section 351 of the BNSS.

A certified copy of the order was directed to be sent to the trial court for compliance.