Regular Bail Granted for Excise Offence Considering Charge-sheet Filing and Limited Criminal Antecedents

The applicant, Smt. Keshar Loniya, was arrested on 28.02.2026 for allegedly possessing 15 bulk liters of handmade Mahua liquor.

Crime No. 81/2026 was registered at Police Station Koni, District Bilaspur.

The applicant moved this First Bail Application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023.

The applicant has one prior criminal antecedent (Crime No. 431/2025) involving Section 34(2) of the Excise Act, which remains pending.

The charge-sheet has already been filed in the present case.

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

Section 34(2) of the Chhattisgarh Excise Act, which provides a minimum punishment of one year and a maximum of three years for the illicit possession of liquor.

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

Sections 209, 269, 84, and 351 of the BNSS and Bharatiya Nyaya Sanhita (BNS) to delineate conditions for the continuation of bail and consequences for non-compliance.

The Court balanced the gravity of the allegations against the procedural status of the case.

The Court observed that the charge-sheet had already been filed and the applicant had been in custody since 28.02.2026.

Since the maximum sentence for the offence is three years and only one prior antecedent exists, the Court reasoned that the conclusion of the trial would likely take considerable time, justifying the applicant's release.

The Court determined that the risk of the applicant fleeing or obstructing justice could be mitigated by imposing stringent conditions, such as personal bonds and mandatory court appearances.

The relief is subject to conditions including: (i) no seeking of adjournments during evidence; (ii) personal presence on all trial dates; and (iii) strict adherence to proceedings under Sections 209 and 269 of the BNS/BNSS in case of default or misuse of liberty.