Regular Bail Granted Under Section 34(2) Excise Act Due to Lack of Criminal Antecedents and Custody Duration

The applicant was arrested on 13.02.2026 following a police raid in Mahasamund, where 21 bulk liters of country-made liquor were allegedly seized from his possession.

Consequently, Crime No. 72/2026 was registered under Section 34(2) of the C.G. Excise Act.

The applicant filed this first bail application under Section 483 of the Bhartiya Nagarik Suraksha Sanhita (BNSS), 2023, contending he was falsely implicated and noting that the charge-sheet had already been filed.

Whether the applicant is entitled to the grant of regular bail under Section 483 of the BNSS, 2023, considering the nature of the offense and the period of incarceration.

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 illicit possession of liquor.

Section 483 of the Bhartiya Nagarik Suraksha Sanhita (BNSS), 2023 (corresponding to Section 439 of the CrPC), regarding the discretionary powers of the High Court to grant bail.

Sections 209, 269, 84, and 351 of the BNSS and Bharatiya Nyaya Sanhita (BNS) to impose conduct-related conditions for the duration of the bail.

The court evaluated the gravity of the allegations involving the seizure of 21 bulk liters of liquor against the mitigating factors presented by the applicant.

Primarily, the court noted that the applicant has no prior criminal antecedents.

Furthermore, since the charge-sheet has already been filed and the applicant has been in custody since 13.02.2026, the court reasoned that his continued detention was not necessitated by the investigation.

Given that the trial is expected to take significant time to conclude, the court found it appropriate to exercise its discretion in favor of the applicant, provided stringent conditions are met to ensure his appearance.

The holding is subject to conditions including: (i) an undertaking not to seek unnecessary adjournments; (ii) mandatory presence on all hearing dates per Section 269 BNS; and (iii) specific personal appearances for charge framing and recording of statements under Section 351 BNSS.

Failure to comply would allow the trial court to initiate proceedings under Sections 84 and 209 of the BNSS/BNS.