Regular bail granted for excise offense involving thirty liters of liquor pending trial with no criminal antecedents.

The applicant, Dashrath Khadiya, was arrested on February 14, 2026, following a police raid in Mahasamund where 30 bulk liters of country-made liquor were seized from his possession

The police registered an offense under Section 34(2) of the Chhattisgarh Excise Act.

The applicant sought regular bail, arguing that he had no criminal antecedents, the charge-sheet had already been filed, and the trial would take considerable time

The State opposed the bail, citing the quantity of liquor seized

1. Whether the applicant is entitled to the grant of regular bail under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023, considering the nature of the offense and the period of incarceration

The court applied Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 (BNSS), 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 unlawful possession of liquor

The court referenced procedural compliance under Section 269 (failure to appear), Section 84 (proclamation for person absconding), Section 209 (punishment for non-appearance), and Section 351 (recording of statement) of the Bharatiya Nyaya Sanhita (BNS) and BNSS as conditions for the continued liberty of the accused

The Court weighed the gravity of the allegations and the quantity of the seizure (30 bulk liters) against the applicant's personal circumstances.

It noted that the applicant had no prior criminal record and had been in custody since February 14, 2026

The Court observed that since the investigation was complete and the charge-sheet had been filed, the applicant’s continued detention was not necessary, especially as the trial was unlikely to conclude in the near future

The Court determined that the interests of justice would be served by granting bail subject to stringent conditions to ensure the applicant’s presence during trial and to prevent the abuse of liberty

The holding was conditioned upon the applicant not seeking unnecessary adjournments, appearing personally on specific trial milestones (framing of charges/statements), and complying with all procedural mandates under the BNSS and BNS

Failure to comply would allow the trial court to initiate proceedings for the abuse of bail liberty