Regular bail granted in mahua liquor seizure case involving no criminal antecedents and prolonged incarceration.

The applicant was arrested on 26.03.2026 for allegedly possessing 20 bulk liters of handmade mahua liquor, valued at approximately Rs. 4,000/-.

Following a police raid in District Mahasamund, an offence was registered under Section 34(2) of the Chhattisgarh Excise Act.

The applicant filed this First Bail Application seeking regular bail, contending that he has been falsely implicated, has no criminal antecedents, and that the charge-sheet has already been filed while the trial is pending.

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 offence and his period of incarceration.

The court applied Section 483 of the Bhartiya Nagarik Suraksha Sanhita (BNSS), 2023, which governs the High Court's power to grant bail.

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

The court also referenced procedural compliance under Sections 269 (non-attendance), 84 (proclamation for person absconding), 209 (non-appearance), and 351 (recording of statement) of the BNSS to impose bail conditions.

The court exercised its discretion by balancing the gravity of the allegations against the applicant's personal circumstances. It specifically noted that the applicant has no prior criminal record ("no criminal antecedents").

The court observed that the investigation reached a milestone with the filing of the charge-sheet and that the applicant had been in custody since 26.03.2026. Given that the maximum sentence for the offence is three years and the trial is expected to take significant time, the court determined that continued pretrial detention was not warranted.

To safeguard the judicial process, the court linked the liberty granted to strict conditions regarding court attendance and non-interference with evidence.

The High Court allowed the bail application and ordered the release of the applicant on a personal bond with two local sureties, subject to conditions, including an undertaking not to seek unnecessary adjournments and mandatory presence during framing of charges and recording of statements under Section 351 of the BNSS.