Apasiya @ Nanuram vs State Of Madhya Pradesh

Vijay Kumar Shukla, J

This first bail application under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 (equivalent to Section 438 of Cr.P.C.) has been filed by the applicant for grant of anticipatory bail, who is apprehending his arrest in connection with Crime No.108/2026 registered by Police Station -Silawad, Barwani (M.P.) for commission of offences under Section 34(2) of M.P Excise Act.

2) Prosecution case in brief is that on 14.05.2026 a confidential information was received by Sub-Inspector Rakesh Malviya, posted at PS Silawad, Barwani. Based on information received from an informant, it was reported that at Gram Bhori Bhadliya Faliya, at the residence of present applicant Nanuram, illicit liquor was stored. Acting on that information, a trap party, accompanied by independent witnesses, conducted a search. During the search, allegedly 54 bulk liters of illicit liquor, valued at Rs.36,000/-, were recovered. The liquor was packed in a plastic bag, a bore bag and a carton box. The recovery and witness presence were recorded. Following, present applicant absconded from the place of incident and therefore, absconding process was initiated. Based on the aforementioned a FIR bearing registration no.108/2026 at Police station Silawad, District Barwani was lodged for offences u/s 34 (2) MP Excise Act.

3) Learned counsel for the the applicant submits that he is innocent person and has falsely been implicated in the present case. It is alleged that 54 litres of illicit liquor has been seized from the place adjacent to the house of the applicant. The prosecution has no material to indicate that the place from which the liquor is alleged to be seized belonged to the present applicant. The applicant has no criminal antecedent. Applicant is a permanent resident of District - Barwani and there is no possibility of his absconding or tampering with the prosecution evidence, if released on bail. Under these grounds, counsel for applicant prayed for grant of bail to the applicant.

4) Per contra, learned counsel for the respondent have vehemently opposed the bail application and submits that the anticipatory bail is barred under the provisions of the M.P Excise Act.

5) After hearing learned counsel for the parties, and taking into consideration the totality of the fact of the case and the judgment passed by this Court in the case of Naresh Kumar Lahriya Vs. State of M.P. & Others reported in 2004(4) MPHT 205, this Court is of the opinion that the applicant is entitled for grant of anticipatory bail.

6) It is directed that in the event of arrest, applicant Apasiya @ Nanuram shall be released on bail on furnishing a personal bond in a sum of Rs.50,000/- (Rs. Fifty Thousand Only) with one surety in the like amount to the satisfaction of arresting officer. The applicant shall further abide by the other conditions enumerated in sub-section (2) of Section 438 of Cr.P.C.

7). A typed copy of this order is being forwarded to the Office of the Advocate General, on their email address, for intimation to the Police Station concerned.

8) The applicant shall further abide by other conditions enumerated under Section 482 (2) of the B.N.S.S. and shall cooperate in the investigation, otherwise this bail order shall automatically stand cancelled.

9). With the aforesaid, the application is allowed and disposed of.

Certified copy as per rules.