Extracted from the PDF above. The PDF is authoritative.
[2025:JHHC:27249] -1-
IN THE HIGH COURT OF JHARKHAND AT RANCHI
A.B.A. No. 5161 of 2025
Abdul Bahab, aged about 33 years, son of Md. Safik Ansari, resident of Village Ramchak, P.O. and P.S. Chauparan, District Hazaribag (Jharkhand).
..... … Petitioner
Versus The State of Jharkhand.
..... … Opposite Party
--------
CORAM : HON’BLE MR. JUSTICE SANJAY KUMAR DWIVEDI
------ For the Petitioner : Mr. Sanjay Kumar Pandey (2), Advocate. For the State
: Mr. Fahad Allam, A.P.P.
------
06/ 09.09.2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2.
The petitioner is apprehending his arrest in connection with Gorhar P.S. Case No. 45 of 2024, registered for the offences under Sections 274, 275, 280, 292 and 3(5) of Bharatiya Nyaya Sanhita, 2023 and Section 47(a) of Excise Act, pending in the court of learned Judicial Magistrate, 1st Class, Hazaribagh.
3.
Learned counsel appearing for the petitioner submits that the allegations are made that 84 bottles of foreign liquor were recovered from the car of the petitioner. He submits that the petitioner is having one criminal antecedent. He further submits that there is no independent witness to the seizure list and only the police officials are the seizure-list witness. He submits that there is violation of the provisions made under Section 105 of Bharatiya Nagarik Suraksha Sanhita, 2023.
4.
Learned A.P.P. appearing for the State submits that the petitioner is having one criminal antecedent.
5.
Considering that the petitioner is having one criminal antecedent and in the seizure list, no independent witness is there and
[2025:JHHC:27249] -2-
further there is non-compliance of the provisions made under Section 105 of Bharatiya Nagarik Suraksha Sanhita, 2023, the petitioner, above named, is directed to surrender before the learned Court within three weeks from today and the learned Court shall release the petitioner on the appropriate terms and conditions or on sureties as may deem fit and proper by the learned Court.
(Sanjay Kumar Dwivedi, J.) Amitesh/-