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IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR
RAMKUMAR CHOUBEY
Balloo @ Rampal Yadav – Appellant
Versus
State of Madhya Pradesh – Respondent
| Table of Content |
|---|
| 1. establishing the factual framework of the seizure of illicit liquor. (Para 1 , 2) |
| 2. conflicting contentions regarding possession and statutory maintainability of bail. (Para 3 , 4) |
| 3. statutory bar on anticipatory bail under m.p. excise act section 59-a(i). (Para 5 , 6 , 7) |
| 4. discretionary nature of anticipatory bail and final dismissal of application. (Para 8 , 9 , 10 , 11) |
ORDER
This first application under Section 482 of Bhartiya Nagrik Suraksha Sanhita, 2023 has been filed on behalf of the applicant for grant of anticipatory bail, who is apprehending his arrest in connection with Crime No.146/2026 registered at Police Station Simariya, District Panna, for commission of offence punishable under Section 34(2) of M.P. Excise Act.
2. According to the prosecution case, on 12.04.2026, Police Station Simariya, District Panna, received a credible tip-off indicating that the applicant had stored illicit liquor inside a tapra (cattle shed) used for housing his buffaloes. Acting on this intelligence, the police registered a Dehati Nalsi (Crime No. 0/2026) for an offence punishable under Section 34(2) of the Madhya Pradesh Excise Act. At approximately 20:30 hours on the same
Anticipatory bail is not maintainable for offences under the State Excise Act involving the recovery of illicit liquor exceeding fifty bulk litres, as the relevant statutory provision creates an expl....
The court established that anticipatory bail cannot be granted under section 59-A of the M.P. Excise Act when a prima facie case is made out against the accused.
The main legal point established in the judgment is that custodial interrogation may be necessary in cases involving the seizure of liquor under the M.P. Excise Act, 1915, and running away from the s....
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