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Nitesh Kumar vs State Of Madhya Pradesh

Madhya Pradesh High Court · Decided on 5 January 2026 · Citation: (2026) 01 MP CK 1676

HON’BLE JUDGES
Devnarayan Mishra, J
ACTS & SECTIONS REFERRED
Bharatiya Nagarik Suraksha Sanhita, 2023 — Section 482, 482(2) · Madhya Pradesh Excise Act, 1915 — Section 34(2)
RESULT
Disposed Of
CASE NUMBER
Miscellaneous Criminal Case No. 60683 Of 2025
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Judgment

9 paragraphs · 332 words

Devnarayan Mishra, J

1.

This is the first application filed by the applicant under Section 482 of Bharatiya Nagrik Suraksha Sanhita, 2023, seeking anticipatory bail in connection with Crime No.263/2025 registered at Police Station Gadava, District Singrauli, for the offence punishable under Section 34(2) of M.P. Excise Act.

2.

Learned counsel for the applicant has submitted that applicant anyhow was not involved in the case. As per the prosecution case, from the Alto K10 Car, 138.57 liters alcohol was recovered. During investigation, it was found that the vehicle was sold to Abhishek by the first owner of the vehicle Vipin Kumar and on the memorandum of Abhishek, this applicant has falsely been implicated in the case. The police is trying to arrest the applicant, hence, the applicant be given the benefit of anticipatory bail.

3.

Learned counsel for the respondent/State has opposed the anticipatory bail application and has submitted that as per the memorandum of Abhishek, the applicant was transporting the alcohol on this vehicle and his active participation is proved, hence, the applicant is not entitled to be released on anticipatory bail.

4.

Heard the parties and perused the case diary.

5.

Except the memorandum of co-accused, there is no evidence against this applicant, thus, this Court deems it appropriate to allow the application. Thus, without commenting anything on the merits of the case, the application is allowed.

6 . It is directed that in the event of arrest the applicant shall be enlarged on bail on furnishing a personal bond in a sum of Rs.50,000/-(Rupees Fifty Thousand Only) with one solvent surety of the like amount to the satisfaction of the Arresting Officer for his appearance before it during the course of investigation or before the trial Court concerned during trial, as the case may be.

7 . It is further directed that the applicant shall abide by all the conditions as enumerated under Section 482(2) of BNSS.

8.

Accordingly, the application stands disposed of. Certified copy as per rules.