Madhya Pradesh High Court
Ravi Lakhera vs The State Of Madhya Pradesh on 11 August, 2025
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1 MCRC-33912-2025
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE DEVNARAYAN MISHRA
ON THE 11th OF AUGUST, 2025
MISC. CRIMINAL CASE No. 33912 of 2025
RAVI LAKHERA
Versus
THE STATE OF MADHYA PRADESH
Appearance:
Shri Vijay Kumar Pandey - Advocate for the applicant.
Ms. Ekta Gupta - Panel Lawyer for the respondent/State.
ORDER
This is the first application filed by the applicant under Section 482 of
Bhartiya Nagrik Suraksha Sanhita , 2023/Section 438 of Cr.P.C., 1973
seeking anticipatory bail in connection with Crime No.140/2025 for the
offence punishable under Section 34(2) of the M.P. Excise Act, 1915
registered at Police Station- Baheriya, District Sagar (M.P.).
2. Learned counsel for the applicant has submitted that the applicant
has been made an accused on the basis of the memorandum of co-accused
person Rishabh Gupta, who was transporting illicit liquor in Tata Truck
bearing registration No. HR 69 C 8251. The applicant had ran away after
seeing the police leaving the Truck. 4368 bulk liter of alcohol was found in
the Truck.
3. Learned counsel for the applicant has submitted that prosecution had
failed to prove the compliance of Section 61 of M.P. Excise Act, 1915 and as
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per Section 61 of M.P. Excise Act, 1915 there is protection to the licensee
vendor and provided that no Court shall take cognizance of an offence under
Section 34 for the contravention of conditions of license, permit or pass
granted under this Act under Section 31, 38, 38-A and 39 except on a
complaint or a report of the Collector or an Excise Officer not below the rank
of District Excise Officer as may be authorized by the Collector in this
behalf and except with the special sanction of the State Government, no
Judicial Magistrate shall take cognizance of any offence punishable under
this Act or any rule or order thereunder unless the prosecution is instituted
within six months from the date on which the offence is alleged to have been
committed and he has also submitted that licensee seller is protected from the
prosecution under Section 34 of M.P. Excise Act.
4. Learned counsel for the applicant has further submitted that the
applicant Ravi Lakhera was having license of retail sale of country and
foreign liquor from the composite liquor shop for the village Teharka,
District Niwari, Sub Division - Niwari as per the License No.33/2025/0016
from 01.04.2025 to 31.03.2026. The offence took place on 12.05.2025. The
applicant was a valid license holder. When the attention of the learned
counsel for the applicant was drawn to the provision of Section 59-A of M.P.
Excise Act, learned counsel for the applicant has submitted that when no
cognizance can be taken, in that circumstances, the provision of Section 59-
A of M.P. Excise Act shall not be applicable as no Court shall take
cognizance. He has relied on the judgment of Coordinate Bench of this Court
passed in the case of Digvijay Singh@Rishi vs. The State of M.P. dated
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08.09.2021 in M.Cr.C.No.35973/2021, in which the Coordinate Bench
mentioning the case of Naresh Kumar Lahriya Vs. State of M.P. reported in
2004 (4) M.P.H.T. 205 has held that when no prima facie case is made out
under the provisions of M.P. Excise Act, 1915, the Court can entertain the
application for grant of anticipatory bail. Hence, the applicant be released on
anticipatory bail.
5. Learned counsel for the State has submitted that applicant is a valid
license holder as this fact has been verified by the police itself and making
that the part of charge-sheet. Hence, the applicant is not entitled to be
released on anticipatory bail.
6. Heard the parties and perused the case diary.
7. Looking to the above facts and circumstances of the case, it is clear
that the applicant is the owner of the liquor shop involved in illegal
transportation of the liquor along with other accused persons and it also
appears that the applicant has been made an accused in the case merely on
the basis of memorandum of co-accused that is not evidence in the eyes of
law as nothing has been recovered from the possession of this applicant.
8. Looking to the above facts and circumstances of the case, this Court
deems it appropriate to enlarge the applicant on anticipatory bail, therefore,
without commenting anything on the merit of the case, the application is
allowed and it is directed that the applicant will surrender himself before the
Investigating Officer within 10 days from the date of receipt of certified
copy of this order.
9. It is directed that in the event of arrest the applicant- Ravi Lakhera
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shall be enlarged on bail on furnishing a personal bond in a sum
of Rs.50,000/- (Rupees Fifty Thousand Only) with one solvent surety in the
like amount to the satisfaction of the Arresting Officer for his appearance
before him during the course of investigation or before the trial Court
concerned during trial, as the case may be.
10. Applicant is directed to cooperate with the investigating agency
and if required by the Police, also appear on the date and time as directed by
the Investigating Officer.
11. It is further directed that the applicant shall abide by all the
conditions as enumerated under Section 482(2) of BNSS.
12. Accordingly, M.Cr.C. stands disposed of.
C.C. as per rules.
(DEVNARAYAN MISHRA)
JUDGE
AT
