Anticipatory bail granted for illegal liquor transportation where custodial interrogation is unnecessary and flight risk absent.

The applicant, Shivam Rai, filed his first application for anticipatory bail in connection with Crime No. 610/2026 registered at Police Station Excise Circle Datia-A

On February 15, 2026, Excise officials, acting on a tip regarding the illegal transportation of liquor in a red Maruti Brezza (MP-06-CB-1706), intercepted the vehicle near a Boys Hostel

Two individuals fled the scene; the applicant was subsequently identified by a witness, Sumit Sharma

A search of the vehicle revealed 10 cartons containing 500 quarters of country-made liquor with damaged holograms

The prosecution noted that the applicant has two previous cases under the Excise Act and one case under the Indian Penal Code

Whether the applicant is entitled to the grant of anticipatory bail under Section 482 of the Bhartiya Nagrik Suraksha Sanhita, 2023, considering the allegations of illegal liquor transportation and his criminal antecedents

The Court applied Section 482 of the Bhartiya Nagrik Suraksha Sanhita, 2023, which provides for the grant of bail to persons apprehending arrest

It considered the penal provisions of Sections 34(1) and 34(2) of the M.P. Excise Act, which criminalize the illegal sale, possession, and transportation of liquor

The Court also weighed the necessity of custodial interrogation and the potential risk of the applicant fleeing from justice or tampering with evidence

The Court examined the applicant's contention that he was falsely implicated based solely on the unreliable information of a confidential informant and that he was not in "conscious control" of the vehicle at the time of the seizure

Although the prosecution highlighted the applicant's prior criminal record, the Court observed that the material currently on record did not disclose a significant risk of the applicant fleeing from justice

Furthermore, the Court found that the investigation could proceed and evidence could be verified without the necessity of custodial interrogation

Without expressing an opinion on the merits of the case, the Court determined that the circumstances warranted the protection of the applicant's liberty subject to strict conditions

It directed that, in the event of arrest, the applicant be released upon furnishing a personal bond of Rs. 50,000/- with one solvent surety of the same amount

The holding is subject to several conditions: the applicant must cooperate with the investigation/trial, must not influence or threaten witnesses, and must not leave India without the prior permission of the trial court or investigating officer