Bhavin Ramesh Kokani v. The State Of Maharashtra And Another
2025:BHC-AUG:22667 {1} ABA 2159 OF 2024
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD 932 ANTICIPATORY BAIL APPLICATION NO. 2159 OF 2024 Bhavin Ramesh Kokani ..Applicant (Orig. Accused)
Versus
The State of Maharashtra And Another ..Respondents ...
Advocate for Applicant : Mr. Krishna Anil Sharma (through VC) APP for Respondents : Mr.S.B.Narwade .....
CORAM : ABHAY S. WAGHWASE, J.
DATE : 20 AUGUST, 2025 ORDER :
1.
Applicant seeks anticipatory bail in connection with crime bearing no.119 of 2024 registered with Navapur Police Station, District Nandurbar, for the offence punishable under Sections 77, 78, 80, 83, 108 of the Maharashtra Prohibition Act and under Sections 420, 120-B r/w 34 of the Indian Penal Code.
2.
Learned counsel for the applicant submits that applicant is falsely involved. That, applicant is shown as accused no.1. That, there are allegations of transportation of liquor in Gujarat State, where there is ban on liquor. That, liquor belongs to accused no.5.
{2} ABA 2159 OF 2024 That, accused nos.2, 3, 4 and 5 are already beneficiaries of anticipatory bail at the hands of learned trial Court. That, applicant even does not own the vehicle. That, he had taken the liquor at the instance of accused no.3 in whose name licence stands. That, though previously some crimes are registered, applicant has been granted protection. Learned counsel submits that nothing is to be recovered and whatever was to be recovered is already recovered and therefore, applicant's custody is not necessary. For above reasons, he prays for grant of relief.
3.
Learned APP strongly opposed on the ground that applicant is accused no.1. That, accused no.2 is his wife. That, at the instance of other accused, present applicant is taking liquor to Gujarat State where there is said to be ban on liquor. Learned APP took this Court through the map, which is part of the Police papers and it is pointed out that accused nos.1 to 3 are beneficiary of over Rs.4 crores in preceding years.
Learned APP pointed out that even statement of owner of the vehicle, which was engaged, namely Sumit Gavit is recorded and he has named present applicant. Learned APP pointed out that there is enough material and CDR showing that present applicant was in
{3} ABA 2159 OF 2024 constant touch with other accused. For above reasons, learned APP prays for rejection of application.
4.
Considering the above material and contents of the FIR, it is seen that present applicant is shown as accused no.1. Prima facie, there is allegation of transportation of liquor in a State where there is apparently ban on liquor. Taking into consideration nature of allegations, submissions of learned APP and also on going through the Police papers, this Court is of the view that thorough investigation is necessary. Therefore, this Court is not inclined to extend any relief as prayed. Accordingly, following order is passed :
ORDER
Application is rejected.
( ABHAY S. WAGHWASE ) JUDGE SPT