Madhya Pradesh High Court
Prahlad Choudhary vs The State Of Madhya Pradesh on 29 September, 2025
NEUTRAL CITATION NO. 2025:MPHC-JBP:50012
1 MCRC-44393-2025
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE VINAY SARAF
ON THE 29th OF SEPTEMBER, 2025
MISC. CRIMINAL CASE No. 44393 of 2025
PRAHLAD CHOUDHARY
Versus
THE STATE OF MADHYA PRADESH
Appearance:
Shri Shubham Shukla - Advocate for the applicant.
Shri Nitin Gupta - Government Advocate for the respondent/State.
ORDER
1. This is first bail application under Section 483 of Bhartiya Nagrik
Suraksha Sanhita, 2023 on behalf of applicant Prahlad Choudhary for grant
of regular bail in connection with Crime No.191/2025, registered at Police
Station N.K.J. Katni under Section 34(2) of M.P. Excise Act.
2. The allegation against the present applicant is that he was in
possession of illicit liquor of 72 liters. Upon the secret information, Police
Officer of Police Station N.K.J. Katni seized the liquor from the possession
of present applicant. Thereafter, present applicant was released after issuance
of notice under Section 35(3) of BNSS, 2023 and after investigation, charge-
sheet was filed against the present applicant who appeared before the JMFC
on 15.9.2025 and thereafter he was taken into custody and sent to jail.
3. Learned counsel for the applicant submits that present applicant
has been falsely implicated in the case. He was immediately released by
NEUTRAL CITATION NO. 2025:MPHC-JBP:50012
2 MCRC-44393-2025
the Seizing Officer after issuance of notice under Section 35(3) of BNSS,
2023 and after completion of investigation, charge-sheet was filed and when
he appeared before the JMFC he was sent to jail. He further submits that
offence is triable by Judicial Magistrate First Class. Trial will take
considerable time. He prays for enlarging the applicant on regular bail.
4. Learned counsel for the State opposed the bail application.
5. Considering the fact that at the time of seizing illicit liquor from the
possession of applicant, he was released by the Seizing Officer after issuance
of notice under Section 35(3) of BNSS, 2023 and after completing
investigation, charge-sheet was filed and when he appeared before the
Magistrate, the Magistrate had taken him in custody and sent to jail. In the
light of judgment delivered in the matter of Satendra Antil vs. CBI, SLP
(Cr.l) 5191/2021, the Magistrate could not have send the present applicant to
jail as after investigation the charge-sheet was filed and during investigation,
he was already released by the Seizing Officer after issuance of notice under
Section 35(3) of BNSS, 2023.
6. In view of the above facts and circumstances of the present case
and without commenting upon the merits of the case, I deem it proper to
enlarge the present applicant on bail. Accordingly, the applicant be released
on bail upon furnishing the personal bond of Rs.50,000/-(Rupees Fifty
Thousand Only) along with a surety of the like amount to the satisfaction of
trial court for his regular appearance before the trial court during trial. The
applicant will abide by the conditions enumerated under Section 480(3) of
the BNSS, 2023.
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3 MCRC-44393-2025
7. A copy of this order be forwarded to the concerned Superintendent
of Police, District Katni for his knowledge and information about release of
applicant after issuance of notice under Section 35 (3) BNSS, 2025 by the
seizing officer.
8. Accordingly, M.Cr.C. is allowed.
(VINAY SARAF)
JUDGE
irfan
