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2025:JHHC:23395
--1-- A.B.A. No. 4293 of 2025
IN THE HIGH COURT OF JHARKHAND, RANCHI
A.B.A. No. 4293 of 2025
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1. Anil Kumar, aged about 32 years, S/o Manoj Sao, R/o Village – Malho, PO and PS – Hirodih, District – Giridih
2. Kishor Shaw, aged about 35 years, S/o Late Jiten Sao, both are R/o village PO and PS – Hirodih, District – Giridih, Jharkhand
.... Petitioners -- Versus --
The State of Jharkhand
.... Opposite Party
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CORAM: HON’BLE MR. JUSTICE SANJAY KUMAR DWIVEDI
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For the Petitioners :- Md. Ayub Ansari, Advocate
For the State
:- Shree Prakash Jha, Advocate
---- 02/12.08.2025 Heard learned counsel appearing for the petitioners as well as the learned counsel appearing for the State.
2. The petitioners are apprehending their arrest in connection with Complaint Case No.3190 of 2024, for the alleged offences registered under Sections 47(a), 47(c) and 55 of Excise Act pending in the Court of learned Judicial Magistrate, 1st Class, Giridih.
3.
Learned counsel appearing for the petitioners submits that the allegation of recovery of spirit is from the house of Upendra Sao. He submits that in identical situation two of the co-accused persons have already been granted anticipatory bail in A.B.A. Nos.2957 of 2025 and 2958 of 2025.
4.
Learned counsel appearing for the State opposes the prayer and submits that the recovery is there of spirit from the house of
2025:JHHC:23395
--2-- A.B.A. No. 4293 of 2025
Upendra Sao.
5. Considering that allegation of recovery of spirit is from the house of Upendra Sao and Upendra Sao is not the petitioner in the present A.B.A. and in identical situation two of the co-accused persons have already been granted anticipatory bail in A.B.A. Nos.2157 of 2025 and 2158 of 2025, I am inclined to provide anticipatory bail to the petitioner.
6. Accordingly, the petitioners, above named, are hereby
directed to surrender before the learned Court within three weeks from today, and in the event of their surrender/arrest, the petitioners, above named, shall be released on bail, on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) each, with two sureties of the like amount each, to the satisfaction of learned Judicial Magistrate, 1st Class, Giridih in connection with Complaint Case No.3190 of 2024, subject to the conditions as laid down under Section 482(2) of Bharatiya Nagarik Suraksha Sanhita, 2023.
(Sanjay Kumar Dwivedi, J.) Sangam/