Manoj Singh @ Pintu vs The State Of Madhya Pradesh
2024 Latest Caselaw 28119 MP

Madhya Pradesh High Court

Manoj Singh @ Pintu vs The State Of Madhya Pradesh on 4 October, 2024

Author: Achal Kumar Paliwal

Bench: Achal Kumar Paliwal

         NEUTRAL CITATION NO. 2024:MPHC-JBP:50724




                                                             1                          MCRC-40934-2024
                             IN     THE        HIGH COURT OF MADHYA PRADESH
                                                     AT JABALPUR
                                                       BEFORE
                                     HON'BLE SHRI JUSTICE ACHAL KUMAR PALIWAL
                                                 ON THE 4 th OF OCTOBER, 2024
                                           MISC. CRIMINAL CASE No. 40934 of 2024
                                                    MANOJ SINGH @ PINTU
                                                           Versus
                                               THE STATE OF MADHYA PRADESH
                          Appearance:
                                  Ms. Gayatri Ladhiya - Advocate for the applicant.

                                  Shri Ravendra Shukla- Dy.G.A. appearing on behalf of
                          respondent/State.

                                                                 ORDER

This first application under Section 482 of BNSS has been filed on behalf of applicant Manoj Singh @ Pintu for grant of anticipatory bail.

2. Applicant apprehending his arrest in connection with Crime No.436 of 2024 of Police Station- Nohta, District-Damoh (MP) for commission of the offences punishable under Section 34(2) of M.P. Excise Act for grant of anticipatory bail.

3. Prosecution story in brief is that 90 bulk liter country made liquor was recovered from Machan made in the Tapra situated in applicant's field.

4. Learned counsel for the applicant submits that in the instant case no recovery has been made from present applicant. There are no documents on record to show that the place from where alleged recovery has been made belongs to present applicant. Further owners and persons in possession of

NEUTRAL CITATION NO. 2024:MPHC-JBP:50724

2 MCRC-40934-2024 adjoining fields have not been joined as witness, instead, only persons passing through the adjoining road have been joined as witness. With respect of above submissions, learned counsel for the applicant has relied upon the Judgment in the case of Jagdish Dhakad Vs. State of M.P . passed in M.Cr.C. No.26243/2027 decided on 02.01.2018. On above grounds, it is urged that applicant be granted benefit of anticipatory bail.

5. Learned Government Advocate for the respondent/State on the other hand has opposed the application and submits that applicant has criminal antecedents of similar nature, therefore, applicant cannot be granted benefit of anticipatory bail.

6. In instant case, allegedly recovery of 90 bulk liters of country made liquor has been made from Machan made on Tapra situated on the boundary

of applicant's filed. Investigation is undergoing, it is not complete. Therefore, at this stage, no ground for grant of anticipatory bail is made out.

7. Hence, application filed by the applicant is hereby dismissed.

(ACHAL KUMAR PALIWAL) JUDGE

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