CRM-M-65031- IN THE H (105) SUBHASH DUH STATE OF HAR CORAM: HON Present: Mr. Ms. H MANISHA BATR 1. The 482 of Bharatiya N of anticipatory registered under Asauda, District Jh 2. The a 02.08.2025, a pol patrolling and cri secret information Tanda Heri was p had been stored a secret information -2025 (O&M) 1 THE HIGH COURT OF PUNJAB A CHANDIGARH
DUHAN Versus
HARYANA HON'BLE MRS. JUSTICE MANIS Mr. Rao Ajender Singh, Advocate for Ms. Himani Arora, DAG, Haryana ****
BATRA, J. (ORAL)
The instant petition has been filed atiya Nagarik Suraksha Sanhita, 2023 bail in case arising out of FI nder Section 61 of Punjab Excise trict Jhajjar. The aforementioned FIR was registe a police party headed by Head Co nd crime detection duty near bus st mation was received to the effect that was present outside a closed liquor v ored and he was intending to sell tha mation to be true, a raiding party w JAB AND HARYANA AT ARH CRM-M-65031-2025 (O&M) Date of decision : 05.03.2026 ... Petitioner
...Respondent
ANISHA BATRA
ate for the petitioner by the petitioner under Section , 2023 (for short “BNSS”) for grant of FIR No.255 dated 02.08.2025 xcise Act, 1914 at Police Station registered on the allegations that on ad Constable Sonu was performing bus stand Village Asauda, when a ct that one Jaibir resident of Village uor vend shop wherein illicit liquor ell that illicit liquor. Believing the rty was immediately formed which M) 2026 ction grant 2025 ation at on ming en a llage iquor g the h AMIT SHARMA 2026.03.06 12:26 I attest to the accuracy and integrity of this order/judgment. CRM-M-65031- reached at the info He, however, man officials. On che liquor/beer were f police. Investigati the course of inve by one Ishwar. O question to the pr was nominated as for grant of anticip Sessions Judge, Jh 3. It is a falsely implicated owner of the close Excise and Taxat 31.03.2027. The above said Ishwa Department to run and has been runn liquor kept in the recovery is to be e It is, thus argued th -2025 (O&M) 2 he informed place and found the accu r, managed to flee once his whereab n checking the closed liquor vend, were found kept in the shop which w stigation proceedings have been initia f investigation, it was revealed that th ar. On asking, he disclosed that h the present petitioner who was a liqu ted as accused. Apprehending his ar anticipatory bail which has been dism ge, Jhajjar vide order dated 10.11.202 It is argued by learned counsel for t licated in this case on the basis of st e closed liquor vend. He is a licence Taxation Department. His licence he petitioner has never entered into Ishwar. He has been authorized to run the liquor vend within the rev n running two such vends. The petitio in the closed liquor vend. He is rea to be effected from him. His custodia gued that the petition deserves to be al e accused Jaibir to be present there. hereabout were asked by the police vend, several bottles/boxes of illicit hich were taken into custody by the initiated and are underway. During that the shop in question was owned that he had given the said shop in a liquor contractor. The petitioner his arrest, he moved an application n dismissed by the Court of Learned 11.2025. l for the petitioner that he has been s of statement of Ishwar who is the icenced liquor vendor authorized by cence is valid from 09.07.2025 to ed into any rent agreement with the rized by the Excise and Taxation he revenue estate of Village Asauda petitioner has nothing to do with the is ready to join investigation. No stodial interrogation is not required. be allowed. here. olice licit y the uring ned p in ioner ation rned been s the d by 5 to h the ation auda h the No ired. AMIT SHARMA 2026.03.06 12:26 I attest to the accuracy and integrity of this order/judgment. CRM-M-65031- 4. Per c report has argued petitioner. For c custodial interroga for storing liquor been given licence Taxation Departm been registered intimidating the w that the petition do 5. This parties at consider 6. The p illicit liquor/beer i is alleged to have show that the said been effected. Giv trial incarceration settled proposition post-conviction se and the circumsta opinion that the p allowed and the -2025 (O&M) 3 Per contra, learned State counsel w argued that there are serious and sp For conducting thorough and prope terrogation of the petitioner is require liquor till 02.08.2025 when the illicit licence only on 04.08.2025 on deposi epartment. He is a habitual offender ered against him. There are cha the witnesses, if extended benefit of tion does not deserve to be allowed. This Court has heard the rival su nsiderable length. The petitioner is alleged to have st /beer in a shop owned by one Ishwar r have hired that shop on rent. At this e said shop was occupied by him as a d. Given the nature of the allegations ration of the petitioner is not require osition of law that pre-trial incarcera tion sentencing. Taking into considera cumstances peculiar to the case, thi t the petition deserves to be allowed d the petitioner is ordered to be ad nsel while relying upon the status and specific allegations against the proper investigation in the matter, equired. He was not having licence illicit liquor was recovered. He has depositing fee before the Excise and fender since many other cases have re chances of his absconding or efit of bail. It is, therefore, argued val submissions made by both the ave stored several bottles/boxes of hwar resident of Village Asauda. He At this stage, there is no material to m as a tenant. Recovery has already ations against the petitioner, the pre- required. Even otherwise it is well carceration should not be replica of nsideration the above discussed facts se, this Court is of the considered llowed. Accordingly, the same is be admitted to bail subject to the tatus t the atter, ence e has and have g or gued the s of . He ial to eady - well ca of facts ered e is the AMIT SHARMA 2026.03.06 12:26 I attest to the accuracy and integrity of this order/judgment. CRM-M-65031- condition that t Officer/Arresting investigation withi subject to furnishi Investigating/Arre not pressurize, ind and circumstances and trial of the ca disclose the detail furnishing bond to and conditions as 7. It is m the purpose of dec on the merits of th 8. Since any, is rendered in 05.03.2026 Amit Sharma -2025 (O&M) 4 that the petitioner shall surrende sting Officer within a period of 10 d n within that period and also subseque urnishing personal as well as surety g/Arresting Officer. He will also not t ze, induce, extend threats to any witn tances of the case, will not leave the the case, except after seeking permiss details of his Aadhar Card No., Passp ond to the learned trial Court and sh ns as envisaged under Section 482(2) It is made clear that any observation of deciding the present petition and t s of the case. Since the main petition has been all ered infructuous. (MA Whether speaking/reasoned:- Yes
   rrender before the Investigating f 10 days from today and shall join sequently, as and when required and bonds to the satisfaction of the not tamper with any evidence, will y witness acquainted with the facts ve the country, during investigation ermission from the trial Court, shall Passport No., cellphone No., while nd shall also abide by all the terms 82(2) of BNSS. vation made herein above is only for and the same shall have no bearing een allowed, pending application, if (MANISHA BATRA)
JUDGE
Yes/No
ating join and f the , will facts ation ll hile erms y for aring n, if AMIT SHARMA 2026.03.06 12:26 I attest to the accuracy and integrity of this order/judgment.