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IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR
PRAMOD KUMAR AGRAWAL
Pramod Thakur – Appellant
Versus
State Of Madhya Pradesh – Respondent
JUDGMENT :
Pramod Kumar Agrawal, J.
This is the first bail application filed by the applicant under Section 483 of B.N.S.S. for grant of regular bail relating to Crime No.629/2025 registered at Police Station - Chourai, Distt. Chhindwara (M.P.) for the offence punishable under Section 34(2) of M.P. Excise Act. Applicant is in detention since 23.07.2025.
2. As per the prosecution story, on receiving information from the informant Police made a search and recovered 279 bulk liter country made liquor from possession of present applicant. Therefore, the offence has been registered against the present applicant under the aforesaid section.
3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in this case. He is in custody since 23.07.2025. It is submitted that offence under Section 34(2) of M.P. Excise Act is not made out. It is also submitted that as per Section 34(2) of M.P. Excise Act, two conditions are mandatory (i) accused must have been convicted for an offence under clause (a) or (b) of sub-section (1) of Section 34 and (ii) from applicant more than 50 bulk liter illicit liquor has been seized. Unless these two conditions are fu
Bail under section 59-A(ii) of the M. P. Excise Act can be granted if the Public Prosecutor is heard and the court finds reasonable grounds for believing the accused is not guilty.
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 considered the number of cases and the expected trial duration in granting bail under Section 439 of Cr.P.C. for possession of unauthorized liquor.
The central legal point established in the judgment is that the length of custody, the quantity of seized unauthorized liquor, and the absence of any case registered under the relevant provision infl....
The court allows bail under Section 34(1)(a) considering trial delays and other mitigating factors despite the stringent provisions of the Excise Act.
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