BIRENDRA PRASAD Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This is the first application filed by the applicant under Sec. 438 of Cr.P.C./ 482 of B.N.S.S. for grant of anticipatory bail who is apprehending his arrest in connection with Crime No.405/2025 registered at Police Station - Kotma, District- Anuppur (M.P.) for the offences punishable under Sec. 34(2) of Excise Act.

(2.) As per the prosecution story, on receiving information from the informant police made a search and recovered 289.2 bulk liters illicit liquor in the matter. On the basis of which the offence has been registered against the present applicant under the aforesaid Sec. .

(3.) Learned counsel for the applicant submits that applicant is innocent and has been falsely implicated in the present case. It is submitted that nothing is to be recovered from present applicant. It is submitted that the applicant has been made accused only on the basis of memorandum of co- accused. Except memorandum, there is no evidence available against the applicant. There is no previous criminal antece dents. Therefore, it has been prayed that the applicant be granted the benefit of anticipatory bail.