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High Court of Punjab and HaryanaCRM-M/45178/2025allowed

Manpreet Singh v. State Of Punjab

2025-08-20Mr. Justice Surya Partap Singh2 pages

In the High Court of Punjab and Haryana, at Chandigarh Criminal Misc. No. M-45178 of 2025 Date of Decision: 20.08.2025 Manpreet Singh ... Petitioner(s)

Versus

State of Punjab ... Respondent(s) CORAM: Hon'ble Mr. Justice Surya Partap Singh.

Present:

Mr. Vikas Gupta, Advocate for the petitioner(s).

Surya Partap Singh, J.

1.

The petitioner, in the instant petition under Section 482 Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter referred to as "BNSS"), is seeking anticipatory bail in a case arising out of FIR No. 70 dated 23.07.2025, under Section 61 of the Punjab Excise Act, 1914, Police Station Chohla Sahib, District Tarn Taran.

2.

The allegations against the petitioner are that on the basis of secret information, his house was raided and that 150 litres of lahan along with one iron drum was recovered from the house. However, admittedly, at the time of raid, the petitioner was not found present in the house. 3.

Notice of motion.

4.

Since advance notice has already been served upon the State, Mr. Eklavya Darshi, Deputy Advocate General, Punjab, accepts notice on behalf of respondent and waives service.

DEEPAK KUMAR BHARDWAJ 2025.08.20 18:48 I attest to the accuracy and integrity of this document 5.

The learned State counsel has orally opposed the instant

Criminal Misc. No. M-45178 of 2025 petition for anticipatory bail and he has not opted to file reply. 6.

Heard. The file has been perused carefully.

7.

The learned counsel for the petitioner submits that at the time of raid and recovery of illicit liquor, the petitioner was not present in his house and therefore, his custodial interrogation is not required. 8.

A perusal of record shows that the offence is triable by the Court of learned Judicial Magistrate and the maximum sentence prescribed for the commission of offence punishable under Section 61 of the Punjab Excise Act is three years. Moreover, nothing is left to be recovered from the petitioner/accused.

9.

In view of the above, the instant petition is hereby accepted. The petitioner is accorded the benefit of anticipatory bail and it is hereby directed that in the event of his arrest, the petitioner shall be released on interim bail to the satisfaction of Investigating Officer. The petitioner will join the investigation as and when called by the Investigating Officer. He shall also abide by the conditions as specified under Section 482(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

(Surya Partap Singh) Judge August 20, 2025 "DK"

Whether speaking/reasoned :Yes/No Whether reportable : Yes/No DEEPAK KUMAR BHARDWAJ 2025.08.20 18:48 I attest to the accuracy and integrity of this document