Bombay High Court

RAHUL BHIKAJI THOKEversusTHE STATE OF MAHARASHTRA

Disposal: DISPOSED OFF

Holding

Since the applicant had paid the amount due before the FIR was lodged and there was no justification for custodial interrogation, the court granted anticipatory bail with conditions.

Summary

The applicant, Rahul Bhikaji Thoke, was alleged to have forcibly taken beer bottles from a wine shop and the informant filed a FIR under Sections 308(2), 308(5), 351(3) and 352 of the Bharatiya Nyaya Sanhita. The applicant contended that he had paid the full amount for the bottles via UPI before the FIR was lodged, rendering the allegations baseless. The State opposed bail, citing the applicant’s prior antecedents and CCTV footage showing the removal of bottles without permission. The court examined the timeline, noted that payment preceded the FIR and found no necessity for custodial interrogation. Consequently, the court granted anticipatory bail with a cash bond and several conditions, directing the applicant to cooperate with the investigation.

Issues considered

Whether the applicant is entitled to anticipatory bail despite allegations under Sections 308, 351 and 352 of the Bharatiya Nyaya Sanhita.
Whether the payment of the amount due before the FIR negates the need for custodial interrogation.
Whether the existence of CCTV footage and prior antecedents justifies denial of bail.

Legislation cited

Bharatiya Nyaya Sanhita — s. 308(2), 308(5), 351(3), 352

Subjects

anticipatory bail
pre‑arrest bail
Bharatiya Nyaya Sanhita
payment before FIR
custodial interrogation
bail conditions

Judgment

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       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
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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
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                                                         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

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