[Cites 7, Cited by 0]
Madhya Pradesh High Court
Shivam Rai vs The State Of Madhya Pradesh on 18 March, 2026
Author: Milind Ramesh Phadke
Bench: Milind Ramesh Phadke
NEUTRAL CITATION NO. 2026:MPHC-GWL:9642
1 MCRC-12544-2026
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
BEFORE
HON'BLE SHRI JUSTICE MILIND RAMESH PHADKE
ON THE 18th OF MARCH, 2026
MISC. CRIMINAL CASE No. 12544 of 2026
SHIVAM RAI
Versus
THE STATE OF MADHYA PRADESH
Appearance:
Shri Rameshwar Rawat - Advocate for the applicant.
Shri Samar Ghuraiya - Public Prosecutor for the State.
ORDER
This is the first application under Section 482 of the Bhartiya Nagrik
Suraksha Sanhita, 2023 filed by the applicant Shivam Rai seeking grant of
anticipatory bail in connection with Crime No.610 of 2026 registered at
Police Station Excise Circle Datia-A, District Datia (M.P.) for the offence
punishable under Sections 34(1), 34(2) of the M.P. Excise Act.
As per the case of the prosecution, on 15.02.2026, the Sub-Inspector
of Excise Circle, Datia, received information from an informant that Shivam
Rai was transporting liquor illegally in a red Maruti Brezza, registration MP-
06-CB-1706, towards Datia. Acting on this tip, the police intercepted the
vehicle near the Boys Hostel after a brief chase. Two individuals fled the
vehicle, and one was identified as Shivam Rai (present applicant) in the
presence of a witness, Sumit Sharma. A search of the vehicle revealed ten
cartons containing 500 quarters of country-made liquor. Several bottles had
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unclear levels and damaged holograms, and samples were collected for FSL
testing. The vehicle and liquor were seized and sealed on the spot. An FIR
was registered under Sections 34(1) and 34(2) of the M.P. Excise Act. The
case diary notes that the applicant has two previous cases under Section 34
of the Excise Act and another case under Sections 323, 294, 506, and 34 of
the IPC.
Learned counsel for the applicant submits that the applicant has been
falsely implicated in the case and there is no direct evidence to connect him
with the alleged offence of illegal transportation of liquor under Sections
34(1) and 34(2) of the M.P. Excise Act. It is contended that the case is based
solely on suspicion and the information received from a confidential
informant, which is inherently unreliable and cannot be the sole basis for
depriving the applicant of his liberty. It is further submitted that the
allegations regarding the recovery of liquor from the vehicle are disputed and
the applicant was not in conscious control of the vehicle at the time of the
incident, as there is no corroborative evidence to establish his involvement. It
is further submitted that the custodial interrogation of the applicant is not
necessary for the purpose of investigation, as the evidence can be collected
and verified without arrest. It is further submitted that the offences alleged
are bailable in nature, and considering the circumstances, there is no
likelihood of the applicant fleeing from justice or tampering with evidence.
The applicant is ready and willing to cooperate with the investigation and
abide by all conditions that may be imposed by this Court. Accordingly,
anticipatory bail is sought.
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Per contra, learned Public Prosecutor for the State as well as the
counsel for the complainant opposed the application and prayed for its
rejection.
Considering the overall facts and cirrcumstances of the case, as well as
the fact that the material placed on record does not disclose the possibility of
the applicant fleeing from justice, this Court is inclined to extend the benefit
of anticipatory bail to the applicant. Accordingly, this Court, without
commenting on the merits of the case, is of the opinion that the applicant
deserves to be extended the benefit of anticipatory bail. Accordingly, this
application is allowed. It is directed that in the event of arrest, the applicant
shall be released on anticipatory bail upon furnishing a personal bond in the
sum of Rs.50,000/- (Rupees Fifty Thousand only) with one solvent surety in
the like amount to the satisfaction of the Arresting Officer, subject to
compliance of the following conditions by the applicant:-
i) The applicant will comply with all the terms and
conditions of the bond executed by him;
ii) The applicant will cooperate in the
investigation/trial, as the case may be;
iii) The applicant will not indulge herself in extending
inducement, threat or promise to any person acquainted with
the facts of the case so as to dissuade her from disclosing
such facts to the Court or to the Police Officer, as the case
may be;
vi) The applicant will not seek unnecessary
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adjournments during the trial;
v) The applicant will not leave India without previous
permission of the trial Court/Investigating Officer, as the case
may be.
Copy of this order be sent to the trial Court concerned for compliance.
Certified copy as per rules.
(MILIND RAMESH PHADKE)
JUDGE
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