Facts
The applicant, Nahar Singh, a 19-year-old agriculturist, was intercepted by the police on February 18, 2026, while driving a motorcycle.
Source reference: p. 2Upon inspection, authorities recovered 63 bulk litres of illicit country-made plain liquor from his possession without a valid permit.
Source reference: p. 2Consequently, Crime No. 30/2026 was registered at Police Station Barkhedakala, Ratlam, for an offence under Section 34(2) of the M.P. Excise Act, 1915.
Source reference: p. 1The applicant has been in judicial custody since his apprehension on February 18, 2026.
Source reference: p. 1-2He moved this first bail application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023.
Source reference: p. 1Issues
1. Whether the applicant is entitled to regular bail considering his age, the nature of the recovery, and the duration of his custodial interrogation.
Source reference: p. 2-3Law Applied
The Court primarily applied Section 483 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, regarding the High Court's power to grant bail.
Source reference: p. 1It further considered Section 34(2) of the M.P. Excise Act, 1915, which penalizes the unlawful transport of intoxicants.
Source reference: p. 1, 2The court also referred to the procedural mandates of Section 309 of the Cr.P.C. (corresponding to Section 346 of the BNSS, 2023) regarding the expeditious examination of witnesses during trial.
Source reference: p. 4Reasoning
The Court evaluated the application by balancing the gravity of the offence against the personal circumstances of the accused.
Source reference: no citationWhile the State opposed bail citing a prior criminal record (Crime No. 125/2023), the Court noted that no similar excise-related prosecutions were pending against him.
Source reference: p. 2The Court emphasized that the applicant is a 19-year-old student/agriculturist dependent on his family, making him a low flight risk.
Source reference: p. 2-3It observed that the investigation is almost complete, custodial interrogation is no longer required, and the trial is expected to take time.
Source reference: p. 1-2Applying the principle that the veracity of the prosecution is a matter for trial, the Court found no compelling reason to continue his incarceration, especially given the lack of evidence suggesting recidivism or potential tampering with witnesses.
Source reference: p. 3Holding
The Court allowed the application and directed that Nahar Singh be released on bail upon furnishing a personal bond of Rs. 50,000 with one solvent surety of the same amount.
The bail is subject to conditions including regular appearance before the trial court, refraining from committing similar offences, and not tampering with evidence or threatening witnesses.
Source reference: p. 3-4The Court held that continued detention was unnecessary given the applicant's socio-economic status and the nature of the case.
Source reference: p. 3Original Court PDF
Nahar Singh v. The State of Madhya Pradesh [MISC. CRIMINAL CASE No. 10706 of 2026 (Neutral Citation No. 2026:MPHC-IND:6482)]
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