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Judgment
Achal Kumar Paliwal, J
This third application under Section 482 of The Bhartiya Nagrik Suraksha Sanhita (438 of Cr.P.C.) has been filed on behalf of the applicant for grant of anticipatory bail.
Applicant apprehending his arrest in connection with Crime No. 210/2025 of Police Station-Excise Circle Sihora, District-Jabalpur (MP) for commission of the offences punishable under Sections 34(1) A and 34(2) of MP Excise Act has knocked the portal of this Court for grant of anticipatory bail
Prosecution story in brief is that co-accused persons were found in possession of 73.8 bulk liters of country made liquor without any licence.
Learned senior counsel for the applicant, after referring to provision of Section 34(2) of MP Excise Act, submits that provision of aforesaid section would be applicable only if there is previous conviction for offence under Section 34(1) (a)(b) of MP Excise Act. In this connection, he has also referred to order dated 23.06.2023 passed by Coordinate Bench of this Court in M.Cr.C. No. 23717/2023. It is urged that applicant has no criminal antecedents. He has not been convicted in any case for offence under Section 34(1)(a)(b) of MP Excise Act. It is also urged that similarly situated the accused has been released on anticipatory bail by Coordinate Bench of this Court vide order dated 18.07.2025 in M.Cr.C. No. 30261/2025. Applicant is ready to abide by all the conditions whatsoever imposed by this Court. On these grounds, learned counsel for the applicant prays for grant of anticipatory bail.
Per-contra, learned counsel for the respondent-State opposes the anticipatory bail application.
From perusal of record of the case, it is evident that earlier applicant's bail was dismissed as withdrawn on 01.09.2025 and the present application has been filed on 06.09.2025. From perusal of record of the case, there appears to be no substantial change in the circumstances after dismissal of earlier bail application. Further in view of factual matrix of the case, alleged offence appears to be bailable. Hence, application of applicant is not maintainable. Therefore, no case of grant for anticipatory bail to the applicant is made out.
Therefore, this third bail application under Section 482 of BNSS on behalf of applicant-Vikesh Patel stands dismissed.