CRM-M-18883- IN THE H (203) RAJESH STATE OF HAR CORAM: HON Present: Mr. Mr. N *** MANISHA BATR 1. The Section 482 of Bh for grant of anticip registered under S Sanhita, 2023 (for Sampla, District R 2. As p information to the 8929 carrying illi Gijhi New Bypass -2026 (O&M) 1 THE HIGH COURT OF PUNJAB A CHANDIGARH Versus HARYANA HON'BLE MRS. JUSTICE MANIS Sandeep Kotla, Advocate for the Mr. Neeraj Poswal, AAG, Haryana *** BATRA, J. (ORAL) The instant petition has been prefe of Bharatiya Nagarik Suraksha Sanh anticipatory bail in case arising out of nder Sections 318(4), 338, 336(3), 340 (for short “BNS”) and Section 61 o trict Rohatk. As per the allegations, on 07.11.2 to the effect that one vehicle bearin ng illicit liquor was going towards K ypass and the same could be apprehe JAB AND HARYANA AT ARH CRM-M-18883-2026 (O&M) Date of decision : 28.04.2026 ... Petitioner ...Respondent ANISHA BATRA or the petitioner preferred by the petitioner under a Sanhita, 2023 (for short “BNSS”) out of FIR No.459 dated 07.11.2025 ), 340(2) and 61 of Bharatiya Nyaya n 61 of Excise Act at Police Station 7.11.2025, on receipt of a secret bearing registration No.MP-09-HH- ards KMP area by crossing Village prehended, if raided, a raiding party 2026 oner dent nder SS”) 2025 yaya ation ecret - llage party AMIT SHARMA 2026.04.29 14:22 I attest to the accuracy and integrity of this order/judgment. CRM-M-18883- was formed which thereafter, the afo asking, the drive conducting search liquor were found Rattan Puri failed was formally arre accused Chaila R accused. It was fo accused Adesh wh 3. As p investigation that was piloting the li also established so transferred in the Nishant was nomi the effect that in forged builty/invo well as Shankar S Sharma on his a petitioner had tol vehicles for which the petitioner had -2026 (O&M) 2 which reached at the informed place a he aforementioned vehicle was seen driver of the vehicle disclosed his search 4236 full bottles, 3528 half bott found kept in cardboard cartons lying failed to produce any licence or perm y arrested. He suffered disclosure sta aila Ram, Adesh, Anurag and Ravi was found that the vehicle in question esh who too was nominated as accused As per further allegation, it was re n that one Hyundai Creta car bearing the liquor laden vehicle at the releva hed so. It was also revealed that som in the account of accused Adesh, o s nominated. He was arrested and su at in collusion with the present petiti /invoices of vehicles from one Shank nkar Sharma were also nominated a his arrest suffered disclosure state ad told him to prepare false and f which he had been offered money. O r had told him the manner to prepare f lace and laid a barricade. Sometime en coming, it was stopped. On ed his name as Rattan Puri. On lf bottles and 9984 quarter bottles of lying in the vehicle. The accused r permit for keeping the same. He ure statement on the basis of which Ravi Aggarwal were nominated as estion was registered in the name of ccused. was revealed during the course of aring registration No.HR-13M-1902 relevant time. The FASTag details at some amount of money had been esh, on the basis of same accused and suffered disclosure statement to t petitioner, he used to get prepared Shankar Sharma. The petitioner as d as accused. Accused Shankar e statement to the effect that the and fabricated builties/invoices of . Out of greed, he had agreed and epare false builties/invoices. He had time On On es of used He hich d as e of e of 1902 etails been used nt to ared er as nkar t the of and had AMIT SHARMA 2026.04.29 14:22 I attest to the accuracy and integrity of this order/judgment. CRM-M-18883- started preparing f the asking of the invoices to the pe application for gra of Learned Additio 4. It is a falsely implicated accused which can role has been attri He has no knowled asking of co-accu accused Shankar S interrogation is no ready to join inve allowed. 5. Per c report has argued co-accused to def Exchequer by pr fictitious firms an One of such bills recovered from th manner in which -2026 (O&M) 3 aring false and fabricated builties in t of the petitioner. He also disclosed the petitioner. Apprehending his ar for grant of anticipatory bail which ha Additional Sessions Judge, Rohtak vid It is argued by learned counsel for t licated in this case on the basis of di ich cannot be considered to be admiss n attributed to him. He has no conce nowledge about preparation of any fak accused Shankar Sharma that he ha nkar Sharma on WhatsApp to the co n is not required. No recovery is to n investigation. It is thus, argued th Per contra, learned State counsel w gued that the petitioner was a part o to defraud the Government and to c by preparing false and fabricated b ms and to facilitate use of the same f h bills had been used for the purpos rom the vehicle in question. For e hich the crime was committed as we es in the name of fictitious firms on losed that he had sent one of such his arrest, the petitioner moved an ich has been dismissed by the Court ak vide order dated 23.03.2026. l for the petitioner that he has been s of disclosure statement of the co- admissible in evidence. No specific concern with the recovery of liquor. ny fake builties/bills. It was only on he had passed on a bill sent by the e co-accused Nishant. His custodial is to be effected from him. He is ued that the petition deserves to be nsel while relying upon the status part of conspiracy hatched with the d to cause loss to the Government ated builties/bills in the name of same for illicit and illegal purposes. urpose of transporting illicit liquor For eliciting information as to the as well as for conducting thorough s on such d an ourt been - cific quor. ly on y the dial e is to be tatus h the ment e of oses. iquor the ough AMIT SHARMA 2026.04.29 14:22 I attest to the accuracy and integrity of this order/judgment. CRM-M-18883- investigation, cus exceptional or ex argued that the pet 6. This C for the parties at co 7. The p been involved in p of smuggling of li case is at its nasce investigation in th Even otherwise, th of pre-arrest bai circumstances and custodial interroga that shall leave ma investigation. The does not operate a trial Court. Takin the considered opi the same is dismis -2026 (O&M) 4 n, custodial interrogation of the peti or extra-ordinary circumstance for g the petition does not deserve to be allo This Court has heard the rival submis es at considerable length. The petitioner in connivance with the ed in preparation of false and fabricate g of liquor. The allegations against h nascent stage. For the purpose of co n in the matter, the custodial interroga ise, the well settled proposition of la st bail are to be exercised in ex es and no such circumstance has been terrogation of the petitioner is denied ave many glaring loopholes and gaps, t The Court is also required to see th erate as inroad in the normal legal proc Taking into consideration the above d ed opinion that the petition deserves t dismissed. e petitioner is must. There is no for grant of bail. It is, therefore, be allowed. ubmissions made by learned counsel ith the co-accused is alleged to have bricated bills/builties for the purpose ainst him are serious in nature. The e of conducting thorough and proper terrogation of the petitioner is must. n of law is that the powers for grant in exceptional and extra-ordinary s been made out in this case. In case denied to the Investigating Agency, gaps, thereby adversely effecting the see that an order of anticipatory bail rocedure of criminal cases by the bove discussed facts, this Court is of erves to be dismissed. Accordingly, s no fore, unsel have pose The roper ust. grant inary case ency, g the bail y the is of ly, AMIT SHARMA 2026.04.29 14:22 I attest to the accuracy and integrity of this order/judgment. CRM-M-18883- 8. It is m the purpose of dec on the merits of th 9. Since any, is rendered in 28.04.2026 Amit Sharma -2026 (O&M) 5 It is made clear that any observation of deciding the present petition and t s of the case. Since the main petition has been dism ered infructuous. (MA Whether speaking/reasoned:- Yes Whether reportable:- Yes/No vation made herein above is only for and the same shall have no bearing dismissed, pending application, if (MANISHA BATRA) JUDGE Yes/No y for aring n, if AMIT SHARMA 2026.04.29 14:22 I attest to the accuracy and integrity of this order/judgment.