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High Court of Gujarat

BHAILALBHAI MANORBHAI PADHIYARversusSTATE OF GUJARAT

Decided
Disposal
38-RULE ABSOLUTE/ALLOWED @ FH

Holding

The Court held that the applicant is entitled to regular bail and ordered his release on bail.

Summary

The applicant, Bhailabhai Manorbhai Padhiyar, sought regular bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, in connection with an FIR alleging violation of the Prohibition Act by permitting co‑accused to use his agricultural field for distributing prohibited liquor and receiving a modest commission. The State opposed bail, arguing the nature of the offence warranted denial. The Court examined the limited role of the applicant, the absence of any prior criminal record, and the principle that bail should not be denied merely on the seriousness of the alleged offence. Relying on the Supreme Court’s guidance in Sanjay Chandra v. CBI, the Court held that the applicant was entitled to bail. Consequently, the application was allowed, and the applicant was released on bail subject to standard conditions.

Issues considered

  • Whether the applicant is eligible for regular bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 despite the alleged offences under the Prohibition Act.
  • Whether the applicant's alleged role—allowing use of his field and receiving a small commission—justifies denial of bail.
  • How the precedent set in Sanjay Chandra v. Central Bureau of Investigation ([2012] 1 SCC 40) applies to the discretion of granting bail in this case.

Legislation cited

Subjects

  • regular bail
  • Prohibition Act
  • liquor smuggling
  • Gujarat
  • Section 483
  • Bharatiya Nagarik Suraksha Sanhita
  • bail conditions
  • Sanjay Chandra precedent

Judgment

     R/CR.MA/9583/2026                                    ORDER DATED: 24/04/2026




          IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
     R/CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL - BEFORE
                  CHARGESHEET) NO. 9583 of 2026
==========================================================
                         BHAILABHAI MANORBHAI PADHIYAR
                                      Versus
                                STATE OF GUJARAT
==========================================================
Appearance:
MR FENIL H BATHIYA(13663) for the Applicant(s) No. 1
MR HARDIK MEHTA, ADDL. PUBLIC PROSECUTOR for the Respondent(s)
No. 1
==========================================================
 CORAM:HONOURABLE MR. JUSTICE NIKHIL S. KARIEL

                                Date : 24/04/2026
                                 ORAL ORDER
1.     Heard learned advocate Mr.Fenil Bathiya appearing on

behalf      of    the     applicant    and      learned   Additional         Public

Prosecutor Mr.Hardik Mehta appearing on behalf of the

respondent-State.


2.     Rule. Learned APP waives service of rule on behalf of

the respondent-State.


3.     The applicant has filed this application under Section

483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for

enlarging the applicant on Regular Bail in connection with FIR

being      C.R.      No.     11215003260182/2026             registered        with

Aanklav Police Station, Anand for the offence punishable

under Sections 65(a), 65(e), 81, 83, 98(2), 116(B) of the

Prohibition Act.




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      R/CR.MA/9583/2026                                ORDER DATED: 24/04/2026




4.      Learned advocate for the applicant would submit that

considering the role attributed to the applicant, and nature of

the allegation levelled, the applicant may be enlarged on

regular bail. It is further submitted that no useful purpose

would be served by keeping the applicant in jail for indefinite

period. It is further contended that the applicant is ready and

willing to abide by all the conditions that may be imposed by

this Court if released on bail.


5.      As      against   the   same,       learned    Additional         Public

Prosecutor          appearing   for   the       respondent    –    State         has

vehemently objected to the grant of regular bail. Learned APP

has submitted that looking to the nature of offence and the

role attributed to the present applicant, this Court may not

exercise the discretion in favour of the applicant and the

application may be dismissed.


6.      I have heard learned advocates appearing on behalf of

the respective parties and perused the papers. Following

aspects are considered:-

     i. The allegation being that the accused had indulged in

     bringing prohibited liquor in the State of Gujarat.

     ii. The allegation against the present applicant being that


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      R/CR.MA/9583/2026                             ORDER DATED: 24/04/2026




     he had permitted the co-accused, who had brought in liquor

     from out of Gujarat, to use his agricultural field to

     distribute the prohibited liquor.

     iii. The applicant, even as per the FIR, was to receive a

     small amount of commission of Rs.10,000/- for the same.

     iv. No other allegation of being involved in principal offence

     are alleged against the present applicant.

     v. This Court has also noted that the applicant has no

     antecedent of being involved in any offence whatsoever.

        This Court has taken into consideration the law laid

down by the Hon’ble Apex Court in the case of Sanjay

Chandra v. Central Bureau of Investigation reported in

[2012] 1 SCC 40.


7.      In    the     facts   and   circumstances   of   the     case     and

considering the nature of the allegations made against the

applicant in the First Information Report, without discussing

the evidence in detail, prima facie, this Court is of the opinion

that this is a fit case to exercise the discretion and enlarge the

applicant on regular bail.

8.      Hence, the present application is allowed. The applicant

is ordered to be released on bail in connection with F.I.R.



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     R/CR.MA/9583/2026                         ORDER DATED: 24/04/2026




registered as C.R. No. 11215003260182/2026 registered with

Aanklav Police Station, Anand, on executing a bond of

Rs.10,000/- (Rupees Ten Thousand only)         with one surety of

the like amount to the satisfaction of the trial Court and

subject to the conditions that he shall;

     [a] not take undue advantage of liberty or misuse liberty;

     [b] not act in a manner injurious to the interest of the

     prosecution;

     [c] surrender passport, if any, to the lower court within a

     week;

     [d] not leave the State of Gujarat without prior permission

     of the Sessions Court concerned;

     [e] furnish the present address of residence to the I.O. and

     also to the Court at the time of execution of the bond and

     shall not change the residence without prior intimation to

     the I.O.;

     [f] mark presence once a fortnight till the charge-sheet is

     filed and thereafter once a month for a period of three

     months before the concerned police station.


9.     The Authorities will release the applicant only if he is not



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          R/CR.MA/9583/2026                                                        ORDER DATED: 24/04/2026




   required in connection with any other offence for the time

   being. If breach of any of the above conditions is committed,

   the Sessions Court concerned will be free to take appropriate

   action in the matter.


   10.       Bail bond to be executed before the lower court having

   jurisdiction to try the case. It will be open for the concerned

   Court to delete, modify and/or relax any of the above

   conditions in accordance with law.


   11.       At the stage of trial, the trial court shall not be

   influenced by any observations of this Court which are of

   preliminary nature made at this stage, only for the purpose of

   considering the application of the applicant for being released

   on regular bail.


   12.       The application is allowed in the aforesaid terms. Rule is

   made absolute to the aforesaid extent. Direct service is

   permitted.


                                                                                    (NIKHIL S. KARIEL,J)
   Bhoomi

Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: BHOOMI YOGESHBHAI MISTRY(HC01557), PRIVATE SECRETARY, at High Court of Gujarat on 27/04/2026 11:07:43




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