Samadhan Vikram Bhusare v. State Of Maharashtra

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO. 995 OF 2026 Samadhan Vikram Bhusare ....Applicant

VERSUS

State Of Maharashtra ....Respondent ____________________________________________________________ by NILAM SANTOSH KAMBLE Date:

2026.04.24 10:07:12 +0530 Mr.Davesh B. Suralkar a/w Mr.Amar Bodke, for the Applicant. Mr.S.M. Mangaonkar, APP for Respondent-State. NILAM SANTOSH KAMBLE ____________________________________________________________

CORAM

: SHIVKUMAR DIGE, J.

DATE : 22nd APRIL 2026 P.C. :

.

By this Application, the Applicant is seeking regular bail in Crime No.320 of 2025 registered with State Excise Department, Yeola, District-Nashik, for the offences punishable under Sections 65(a)(e), 81, 83 and 90 of the Maharashtra Prohibition Act and Section 123 of the Bharatiya Nyaya Sanhita, 2023 ('BNS' for short). 2.

It is prosecution's case that on 23rd November 2025 at about 11.30 p.m. on secret information, the police intercepted one car and in the search of the said car police found duplicate liquor was being transported. It is alleged that the said car belongs to the Applicant. 3.

It is contention of learned counsel for the Applicant that the Applicant is taxi driver and the co-accused hired his taxi. He was not aware

whether the liquor kept in his car was duplicate. The Applicant is behind bars for more than five months. The Applicant has no antecedents. The investigation is completed and charge-sheet has been filed, and requested to allow the Application.

4.

It is contention of learned APP that Applicant's the car used for transporting duplicate liquor. The Applicant was aware that the duplicate liquor was being transported from his car. He had received amount for it. If the Applicant released on bail, he may abscond or threaten prosecution witnesses, and requested to reject the Application. 5.

I have heard both learned counsel. Perused charge-sheet and documents produced on record.

6.

The Applicant is behind bars for more than five months. Whether he was aware that the duplicate liquor being transporting from his car or not, is part of the trial. The Applicant has no antecedents. The investigation is completed and charge-sheet has been filed and I pass following order.

ORDER

(i) The Applicant be released on bail in Crime No.320 of 2025 registered with State Excise Department, Yeola, District-

Nashik, on furnishing PR bond of Rs.25,000/- with one or two solvent sureties in the like amount.

(ii) The Applicant shall not tamper with the evidence and/or influence the prosecution witnesses.

(iii) The Trial Court shall decide the case on its own merits and in accordance with law, uninfluenced by the observations made in this order.

(iv) The Applicant shall attend the concerned Police Station as and when required.

(v) Application is allowed in the aforesaid terms. (SHIVKUMAR DIGE, J.)