Sanjay Mohan Jadhav v. The State Of Maharashtra And ANR
2026:BHC-NAG:6159 1 22 ABA 225.26.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH AT NAGPUR CRIMINAL APPLICATION [ABA] NO.225 OF 2026 [Trozan @ Brojen Hajari Haldar .vs. State of Maharashtra, Through Excise Officer, State Excise Office, Gadchiroli] - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Mr. S.V. Sirpurkar, Advocate for Applicant.
Mr. A.M. Ghogare, APP for Respondent.
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CORAM : RAJNISH R. VYAS, J.
DATE : APRIL 21, 2026.
1.
Apprehending arrest the accused by name Trozan @ Brojen Hajari Haldar has approached this court. A First Information Report No.19/2026 was registered with Excise Police Station, Gadchiroli for commission of offences punishable under Section 65(a)(e) of the Maharashtra Prohibition Act and Section 123 of Bhartiya Nayaya Sanhita, 2023.
2.
The informant by name Yogesh Shankar Rathod, who was attached to the Excise Department and was member of a Flying Squad had received a secrete information that the applicant has stored a liquor illegally in his house. The flying squad then proceeded towards the house of the accused, who on noticing the flying squad, ran way from the spot. The house search of the applicant was made in which the liquor was found. The vehicle parked near the courtyard was also searched and in the dickey of vehicle the liquor was found. It is in this background the first information report was lodged.
3.
The learned counsel for the applicant submitted that the entire material is already seized and thus custodial
2 22 ABA 225.26.odt interrogation is not required. According to him, the story advanced by the respondent is false and there is nothing on record to implicate the applicant.
4.
Per contra, the learned APP has contended that the applicant ran way from the spot which shows that he was involved in the crime. The learned APP submitted that similar offence is registered against the applicant.
5.
With the assistance of the respective counsels, I have gone through the record of the case. The FIR is clear that on receipt of secret information, flying squad proceeded towards the house of the applicant and the applicant ran away. In a house search and search of vehicle, the liquor was found. Thus, it is clear that the entire incriminating material is already seized. Nothing has been brought on record to show that the applicant was the owner of the house. This court on 25.3.2026 has granted ad-interim anticipatory bail to the applicant with a direction to attend the State Excise Office. It is not the case of the learned APP that the applicant has not attended the Police Station. Thus, just because earlier the crime was registered, it would not ipso facto disentitle the applicant from claiming anticipatory bail. Hence, the following order is passed :
O R D E R
(i) In the event of arrest, in connection with Crime No.19/2026 registered with the Excise Police Station, Gadchiroli for the offence punishable under Section 65 (a)(e) of the Maharashtra Prohibition Act and Section 123 of the BNS, 2023, the applicant be released on bail on furnishing a P.R. Bond of Rs.25,000/- (Rupees-Twenty Five Thousand only) with one solvent surety in the like amount.
3 22 ABA 225.26.odt (ii) The applicant shall attend the concerned Police Station as and when required by the Investigating Officer. (iii) The applicant shall cooperate with the investigating agency and shall not tamper with the prosecution evidence or influence the witnesses.
(iv) The applicant shall not leave India without prior permission of this court.
(v) Application stands disposed of.
(RAJNISH R. VYAS, J.) Gulande Signed by: A.S. GULANDE Designation: PS To Honourable Judge Date: 21/04/2026 19:36:07