1 18 ABA 863.26 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION (ABA) NO. 863/2026 (Saurabh S/o. Charansigh Bhosle & anr. Vs The State of Maharashtra) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Mr. A. G. Wadatkar, Advocate for applicants. Mr. N. B. Jawade, APP for non-applicant/State. CORAM: M. M. NERLIKAR, J . DATED : 14/10/2026. Heard. 2. By this application, the applicants are seeking anticipatory bail in connection with Crime No.550/2026 registered with Police Station Pulgaon, Dist. Wardha for the offences punishable under Sections 109, 132, 121(1), 189(2), 190, 191(2), 191(3), 61(2), 126(2) of the Bharatiya Nyaya Sanhita read with Sections 4, 25 of the Indian Arms Act, Section 65(a) of the Maharashtra Prohibition Act and Section 130 of the Motor Vehicle Act. 3. The brief facts of the prosecution case are that on 11/07/2026, while the informant was on a patrolling duty along with police staff, they received secret information regarding selling of illicit liquor at Pardhi Beda. During the raid near Mauza Waifad Bus Stand, 25 liters of illicit liquor 2 18 ABA 863.26 was allegedly found in possession of one Anjit. Upon inquiring, the lady present with Anjit made a phone call, pursuant to which several persons gathered and allegedly threatened the police that they will kill them. Due to the threat, they informed their senior officer about the incident who came on the spot. When they went to search for Anjit, the found two persons cutting a wild Rohi animal i.e. Nilgai/blue bull with iron Sattur. Thereafter, several persons allegedly gathered, obstructed and attempted to assault the police staff with wooden sticks and iron Sattur. Based on these allegations, the first information report was registered. 4. The learned counsel for the applicants submits that the applicants were shown to be present on the spot where the alleged “Moha” liquor was seized by the police officials. He submits that initially their presence was not shown, however, at a later point of time when the wife of the co-accused had called some persons at that time the present applicants had come on the spot. When the police officials went to apprehend the co-accused Anjit, they found that some accused persons were cutting a wild Rohi animal which is a protected species in India. However, by 3 18 ABA 863.26 seeing the presence of the police officieals, one of the accused person threw iron sattur on a police inspector, though it did not hit the police inspector. According to the learned counsel, there is no overt act on the part of the applicants. Therefore, they deserve to be released on anticipatory bail. 5. On the other hand, the learned APP vehemently opposes the application and submits that the incident has occurred in two parts. The first part has occurred near the bus stand, where the accused namely Anjit and his wife were on motorcycle carrying the can of “Moha” liquor. At that time, the police officials have stopped them. However, the wife of the accused called some persons as a backup and accordingly 30 to 40 persons have gathered at the spot. Thereafter, all the accused persons created ruckus and the police officials were prevented from doing their job of seizing the “Moha” liquor. Thereafter, the accused persons fled the spot. However, when the police officials were returning to the police station, the learned APP submits that at that time, the police officials have noticed that some of the accused persons who were earlier gathered near the bus stand were seen near a vicinity, 4 18 ABA 863.26 when they went to apprehend accused – Anjit, they found that some accused persons were cutting a wild Rohi animal and by seeing the police officials, one of the accused person threw a big knife at the police inspector though the same did not hit the police official. During the said incident, the accused persons have assaulted one Police Sub-Inspector and one lady police constable, therefore he submits that considering the nature of allegations, the applicants do not deserve to be granted anticipatory bail since they are accused to be members of an unlawful assembly. 6. Upon consideration of the rival submissions, perusal of the first information report and the case diary, it could be gathered that the incident as narrated above has happened on 11/07/2026. It appears that except for the presence of the present applicants, there is no overt act attributed to the applicants. Under such circumstances, considering the nature of the allegations, I am of the considered opinion that the applicants have made out a case for grant of anticipatory bail, therefore the following order:- 5 18 ABA 863.26 ORDER (I) Application is allowed and disposed of. (II) In the event of arrest, the applicants Saurabh S/o Charansingh Bhosle and Charansingh S/o Paramsop Bhosle be released on anticipatory bail in connection with Crime No.550/2026 registered with Police Station Pulgaon, Dist. Wardha for the offences punishable under Sections 109, 132, 121(1), 189(2), 190, 191(2), 191(3), 61(2), 126(2) of the Bharatiya Nyaya Sanhita read with Sections 4, 25 of the Indian Arms Act, Section 65(a) of the Maharashtra Prohibition Act and Section 130 of the Motor Vehicle Act on their furnishing PR bond of Rs. 25,000/- each with one solvent surety in the like amount. (III) The applicants shall attend the concerned Police Station on every Sunday between 11.00 a.m. to 02.00 p.m. or as and when called by the Investigating Officer. (IV) The applicants shall not tamper with the prosecution evidence in any manner. 7. Pending application (s), if any, stand disposed of accordingly. 8. The observations of this Court are prima facie in nature and are only limited to this application. The Trial Court shall not be influenced by the aforesaid observations. ( M. M. NERLIKAR , J.) Gohane Signed by: Mr. J. B. Gohane Designation: PS To Honourable Judge Date: 14/10/2026 18:38:55