Research › Search › Judgment

Bombay High Court · body

2026 DAILYLAW 11180 (BOM)

SAGAR RAJENDRA BIRE AND ANR v. THE STATE OF MAHARASHTRA

ABA/2402/2026 · 2026-09-22

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

909 ABA-2402-2026.DOC skt IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 2402 OF 2026 1. Sagar Rajendra Bire 2. Sudhir Jaggu Kacharavat …Applicants Vs. The State of Maharashtra …Respondent Mr. Sachin Deokar, for the Applicants. Mr. P.P. Jadhav, APP for the Respondent-State. PSI Sunil T. Jagadale, Warje Malwani Police Station. CORAM: MADHAV J. JAMDAR, J. DATE : 22nd SEPTEMBER, 2026 P. C.: 1. Heard Mr. Deokar, learned counsel appearing for the Applicants and Mr. Jadhav, learned APP appearing for the State. 2. By this application, the Applicants are seeking pre-arrest bail in connection with C.R. No. 213 of 2026 registered with Warje Police Station, Pune City for the offences punishable under Section 65(e) of Maharashtra Prohibition Act, 1949 and Sections 123 and 3(5) of Bharatiya Nyaya Sanhita, 2023. 3. The prosecution case is set out in paragraph No. 2 of order dated 28th July 2026 passed by learned Additional Sessions Judge, 22nd September, 2026 909 ABA-2402-2026.DOC skt Pune in Criminal Bail Application No. 3570 of 2026, which reads as under : “2 As per the case of prosecution, on 03/06/2026 at about 20:00 hours in open place by the side of temple at Warje Malwadi, the accused No.1 Priti Vijay Nawale was found possessing illicit liquor for sale. It is alleged that the said poisonous liquor was brought before 2 to 3 days by the accused Nos.1 to 8. They had brought total 300 Ltr. liquor. They were having knowledge that due to consumption of liquor, there may be danger to the life. They had concealed the liquor and selling the same.” 4. Thus, Mr. Deokar, learned counsel submits that the Applicants are not involved in the crime and they will cooperate with the further investigation. 5. However, learned APP states the offence is very serious where the Applicants are involved in sale of illicit liquor and it was found that the same is of poisonous nature. The learned APP further submits that there are other antecedents of similar nature against the Applicants. Page 2 of 3 22nd September, 2026 909 ABA-2402-2026.DOC skt 6. Perusal of the record shows that the co-accused Priti Vijay Nawale was caught red handed while selling the poisonous liquor and during investigation, it transpired that she has purchased the same from the present Applicants. There are antecedents of similar nature against the Applicants. 7. Accordingly, no case is made out for grant of anticipatory bail. The Anticipatory Bail Application is dismissed. 8. The observations in this order are made for considering this Anticipatory Bail Application. The learned Trial Court shall not be influenced by any of the observations made hereinabove and shall decide the case on its own merits. [MADHAV J. JAMDAR, J.] 22nd September, 2026