Soheb Khan vs State Of Madhya Pradesh

Vinay Saraf, J

This is first application filed under section 483 of BNSS, 2023 for grant of bail on behalf of applicant Soheb Khan S/o Rafik Khan in connection with Crime No.204/2026, registered at Police Station -Amarwada, District Chhindwara under section 34(2) of M.P. Excise Act.

The prosecution case in brief is that the applicant was in possession of illicit liquor of 54 bulk litres and upon a secret information the motorcycle, on which the applicant was carrying the illicit liquor, was stopped and liquor was seized from the possession of applicant on 22.04.2026. Thereafter, the case has been registered and since then the applicant is in custody.

Counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case, the matter is triable by the Judicial Magistrate First Class and the applicant is in custody since 22.04.2026 and he is first offender. He prays for grant of bail to the present applicant.

Learned Panel Lawyer opposed the bail application on the ground that the applicant was caught at spot and 54 bulk litres illicit liquor was seized from the possession of the applicant and sufficient material is available against the present applicant. The applicant is having past criminal record also. He prays for dismissal of the present application.

Considering the facts that the applicant is in custody since 22.04.2026, the case is triable by the Judicial Magistrate First Class, the investigation is almost over, without commenting on the merits of the case, I deem it proper to allow this application.

Accordingly, the application is allowed. The applicant is directed to be released on bail on his furnishing a personal bond of Rs. 50,000/- (Rupees Fifty Thousand Only) with one surety in the like amount to the satisfaction of trial Court. It is directed that the applicant shall comply with conditions as enumerated under section 480(3) of BNSS and will not indulge in any similar offence during trial.