Shiv Kumar Tiwari vs State Of Madhya Pradesh

Deepak Khot, J

This is first application filed by the applicant under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail relating to FIR/Crime No.437/2025 registered at Police Station Pali, District Umariya, for the offence punishable under Sections 34(2) of the M.P. Excise Act. The applicant is in jail since 22.08.2025.

The prosecution story in short is that on 21.8.2025 at about 7.45 PM S.D.O. (R) Pali, District Umariya, intercepted a vehicle Bolero bearing registration No.CG-15-A-8444 and on search found the applicant carrying 175.68 bulk liters of liquor and 72 liters of beer, worth Rs.1,80,000/- in the said vehicle. On the said information, the offence has been registered.

It is contended by learned counsel for the applicant that the applicant has been in custody for one month. The maximum sentence is of three years. He submits that the applicant has been falsely implicated in the aforesaid offence. Nothing has been seized from the possession of the applicant. The applicant is permanent resident of District Shahdol and as such there is no likelihood of his absconding or tampering with the evidence. The offence is triable by the Court of Judicial Magistrate First Class and trial will take time to conclude, hence, the applicant be enlarged on bail.

Per contra, learned Panel Lawyer for the State has opposed the bail application on the ground that as per section 59-A of the Act, any person carrying more than 50 bulk liters of illicit liquor without any licence is not entitled for grant of bail.

Heard the parties and perused the case diary.

It is evident that the applicant has been found in illicit possession of 175.68 bulk liters of foreign liquor and 72 bulk liter of beer and he has been in custody since 22.08.2025, i.e. for 1 month. There is no criminal antecedents of the applicant and he is permanent resident of Shahdol and there is no likelihood of his absconding. Trial will take time to conclude. The maximum sentence under the aforesaid section is of three years.

Considering the facts and circumstances of the case and looking to the maximum sentence under section 34(2) is of three years and the applicant is a first offender and his custodial interrogation is not required, the applicant is enlarged on bail by imposing an stringent condition that he shall mark his presence in the first week of every month before before the concerned SHO of his locality, where he resides till the disposal of the trial of this case. Hence, without commenting anything on the merits of the case, the application is allowed.

It is directed that applicant shall be released on bail on his furnishing a personal bond in the sum of Rs.1,00,000/- (Rupees One lac Only) with one solvent surety of the like amount to the satisfaction of the trial Court concerned for his appearance before the said Court on all such dates as may be fixed by that Court in this regard during pendency of trial.

It is further directed that the applicant shall comply with the provisions of Section 480(3) of BNSS.

Accordingly, Misc. Criminal Case stands disposed of.