Lokendra Kumar Koshre vs State Of Chhattisgarh

The applicant has preferred this First Bail Application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as he has been arrested in connection with Crime No. 71/2026, registered at Police Station Sanaud, District Balod (C.G.), for the offence punishable under Section 34(2) of the Chhattisgarh Excise Act.

The prosecution case in brief is that on 17.07.2026, on the basis of secret information, the police received information that the applicant, namely Lokendra Kumar Kosare, was keeping a large quantity of illicit liquor in front of his house for the purpose of sale. Acting upon the said information, the police conducted a raid and apprehended the applicant. Upon being directed to produce documents in respect of the liquor under Section 94 of the Bharatiya Nagarik Suraksha Sanhita, 2023, the applicant failed to produce any such document. Thereafter, from his possession, 39 quarters of country-made plain liquor, each containing 180 ml, totalling 7.020 bulk litres, 02 old green-coloured plastic bottles of 2 litres each containing 2 litres of Mahua liquor each, 03 old white-coloured plastic bottles of 2 litres each containing 2 litres of Mahua liquor each, 01 old white-coloured plastic bottle of 1.5 litres containing 1.5 litres of Mahua liquor and cash amount of Rs.500/- alleged to be sale proceeds were seized. Thus, a total of 18.520 bulk litres of illicit liquor was allegedly seized from the applicant. Accordingly, Crime No. 71/2026 was registered at Police Station Sanaud for the offence punishable under Section 34(2) of the Chhattisgarh Excise Act. During investigation, the applicant was arrested.

Learned counsel for the applicant would submits that the applicant is innocent and has been falsely implicated in the present case. He would further submits that there is no material to establish his involvement in the alleged offence and in the present case, charge-sheet has already been filed before the competent Court and the applicant is in custody since 17.07.2026. So far as the criminal antecedents of the applicant are concerned, he has two criminal antecedents under the Excise Act, both of which have already been disposed of, one resulting in acquittal and the other in payment of fine. On these grounds, he prays for grant of bail.

On the other hand, learned State counsel would oppose the prayer for grant of bail and submits that a substantial quantity of illicit liquor was seized from the possession of the applicant and moreover, the applicant has two criminal antecedents under the Excise Act of the year 2025, which have been explained in Part-D of the bail application. On these grounds, she prays for rejection of the bail application.

I have heard learned counsel for the parties and perused the case diary and the material available on record.

Considering the facts and circumstances of the case, nature and gravity of the offence alleged against the applicant, the quantity of liquor allegedly seized, the fact that the applicant is in custody since 17.07.2026, charge-sheet has already been filed before the competent Court and also considering the criminal antecedents of the applicant, which have been explained in Part-D of the bail application and wherein both the cases under the Excise Act have already been disposed of, one resulting in acquittal and the other in payment of fine, this Court is of the considered view that the applicant deserves to be released on regular bail.

Accordingly, the bail application of the applicant is allowed. It is directed that in the event of the applicant executing a personal bond for a sum of Rs.50,000/- with one surety in the like sum to the satisfaction of the concerned trial Court, he shall be released on bail on the following conditions:-

Office is directed to send a certified copy of this order to the trial Court for necessary information and compliance. dorthwith.