Bombay High Court
SAGAR RAJENDRA BIRE AND ANRversusTHE STATE OF MAHARASHTRA
- Decided
- Disposal
- Dismissed
Holding
Anticipatory bail was not granted as the court found a prima facie case linking the applicants to the sale of poisonous liquor and noted their antecedents.
Summary
The applicants, Sagar Rajendra Bire and Sudhir Jaggu Kacharavat, filed an anticipatory bail application in connection with a case alleging sale of poisonous liquor under Section 65(e) of the Maharashtra Prohibition Act, 1949 and Sections 123 and 3(5) of the Bharatiya Nyaya Sanhita, 2023. The prosecution alleged that the co‑accused Priti Vijay Nawale was caught selling the liquor, which she had purchased from the applicants, and highlighted the dangerous nature of the liquor and prior similar offences by the applicants. The applicants contended they were not involved in the crime and would cooperate with the investigation. The learned Additional Sessions Judge’s order, relied upon by the State, indicated the seriousness of the offence and the applicants’ antecedents. The High Court, after considering the submissions, found that the prosecution had established a prima facie case linking the applicants to the sale of poisonous liquor and therefore dismissed the anticipatory bail application. The order also directed the trial court to decide the matter on its own merits without being influenced by the observations made.
Issues considered
- Whether the applicants are entitled to anticipatory bail despite alleged involvement in the sale of poisonous liquor
- Whether the existence of prior similar offences justifies denial of anticipatory bail
- Interpretation of Section 65(e) of the Maharashtra Prohibition Act, 1949 and Sections 123 and 3(5) of the Bharatiya Nyaya Sanhita, 2023 in the context of anticipatory bail
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 123, 3(5)
- Maharashtra Prohibition Act, 1949 — s. 65(e)
Subjects
- anticipatory bail
- illicit liquor
- poisonous liquor
- Maharashtra Prohibition Act
- Bharatiya Nyaya Sanhita
- criminal procedure
- antecedents
- sale of illicit liquor
Judgment
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 …Applicants
2. Sudhir Jaggu Kacharavat
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,
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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.
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22nd September, 2026
909 ABA-2402-2026.DOC
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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.]
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22nd September, 2026
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