- 1 - aba1501.26.odt IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD 21 ANTICIPATORY BAIL APPLICATION NO. 1501 OF 2026 Rahul Bhikaji Thoke ….Applicant VERSUS The State of Maharashtra ....Respondent Mr. S. G. Ghongade, Advocate for Applicant Mr. S. B. Narwade, APP for the State. CORAM : R. M. JOSHI, J. DATE : 21st SEPTEMBER, 2026. PER COURT : 1. Applicant seeks pre-arrest bail in connection with Crime No. 0436/2026, registered with New Mondha Police Station, District Parbhani, for the offences punishable under Sections 308(2), 351(3), 352 of Bharatiya Nyaya Sanhita. 2. First Information Report indicates that there is allegation made by the informant against the present Applicant that he entered the wine shop forcibly and took away beer bottles. On the basis of these allegations, Applicant apprehends arrest. 3. Learned Counsel for Applicant submits that on the same day the entire amount due and payable towards the beer bottles has been - 2 - aba1501.26.odt paid by the Applicant to the informant by UPI. It is his submission that thus, there is no substance in the allegations. 4. Learned APP opposed grant of any protection to the Applicant by referring to the antecedents against the Applicant so also the fact that CCTV footage of the shop shows the Applicant taking away bear bottles without permission of the owner. 5. Prima facie perusal of the record indicates that the Applicant has taken bottles from the shop of the informant at about 6.15 pm however, at 7.11 pm, the amount towards said bottles was paid by the Applicant i.e. before lodging of the report. Having regard to these facts, this Court finds no justification in rejecting the application as custodial interrogation of the Applicant is not necessary. Hence, the following order :- ORDER (i) In the event of arrest of applicant Rahul Bhikaji Thoke, in connection with Crime No. 0436/2026, registered with New Mondha Police Station, District Parbhani, for the offences punishable under Sections 308(2), 308(5), 351(3), 352 of Bharatiya Nyaya Sanhita, he be released on bail on furnishing PR Bond of - 3 - aba1501.26.odt Rs. 15,000/- (Rs. Fifteen Thousand only) with one surety in the like amount. (ii) He shall attend the concerned police station as and when called. (iii) He shall not contact the witnesses directly or indirectly. (iv) He shall not interfere with the evidence in any manner whatsoever. (v) He is further directed to cooperate the investigating agency for further investigation. (vi) Learned APP to communicate this order to the concerned Investigating Officer. ( R. M. JOSHI, J.) dyb