Regular bail granted under Excise Act considering prolonged judicial custody and filing of charge-sheet.

The police, acting on an informant's tip during patrolling, seized 9 bulk litres of country-made liquor from an open area

The applicant was arrested in connection with Crime No. 244/2025 at Police Station Kumhari for illegal possession under the Excise Act

The applicant argued that he was falsely implicated, no incriminating articles were recovered from his direct possession, and the recovery from an open place failed to establish "conscious possession"

The applicant remained in judicial custody from December 13, 2025

The State opposed the bail application, noting the applicant had two previous criminal antecedents

Whether the applicant is entitled to regular bail under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023, in light of the period of detention and the filing of the charge-sheet

The court applied Section 483 of the Bhartiya Nagarik Suraksha Sanhita (BNSS), 2023, which provides the High Court with the power to grant regular bail

The substantive charge involved Section 34(2) of the Excise Act

Furthermore, the court integrated procedural safeguards and conditions for the trial’s integrity under Sections 84 (proclamation for person absconding), 209 (failure to appear in court), 269 (non-attendance of person in custody/bail), and 351 (recording of statement of accused) of the BNSS

The court balanced the nature and gravity of the offence against the applicant’s period of detention.

It noted that the applicant had been in judicial custody for over three months (since December 13, 2025).

Crucially, the court observed that the investigation was complete and the charge-sheet had already been filed before the competent court

Despite the State’s objection regarding the applicant's criminal history, the court found that the conclusion of the trial would likely take considerable time

By evaluating the circumstances of the seizure—specifically the recovery from an open place and the lack of established conscious possession at the prima facie stage—the court determined that continued incarceration was not warranted

The applicant was ordered to be released upon furnishing a personal bond with two local sureties

The bail is subject to several conditions: the applicant must not seek adjournments during evidence, must appear on every trial date (subject to Section 269 BNSS), and must be present for the framing of charges and the recording of statements under Section 351 BNSS

Any violation of these terms allows the trial court to treat the default as an abuse of liberty and proceed under Sections 84 and 209 of the BNSS