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2025 DAILYLAW 24065 (JHR)

KUNDAN YADAV ALIAS JAY KUNDAN YADAV v. STATE OF JHARKHAND

A.B.A./5404/2025 · 2025-09-16

Sanjay Kumar Dwivedi

body2025

Judgment text

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[ 2025:JHHC:28324] -1- IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No. 5404 of 2025 Kundan Yadav @Jay Kundan Yadav, aged about 27 Year, son of Etwari Mahto, resident of village - Balidih, Post office- Sarwan, Police Station-Sarwan, District- Deoghar, Jharkhand. ..... … Petitioner Versus The State of Jharkhand. ..... … Opposite Party -------- CORAM : HON’BLE MR. JUSTICE SANJAY KUMAR DWIVEDI ------ For the Petitioner : Mr. Lalit Yadav, Advocate. For the State : Mr. S.K. Keshri, A.P.P. ------ 05/ 16.09.2025 Heard learned counsel for the petitioner and learned A.P.P. for the State. 2. The petitioner is apprehending his arrest in connection with Hansdiha P.S. Case No. 07 of 2025, registered for the offences under Sections 274, 275, 286, 317(5), 3 (5) of BNS, 2023 and under section 47(a), 52, 55 of Excise Act, pending in the Court of learned Chief Judicial Magistrate, Dumka. 3. Learned counsel appearing for the petitioner submits that the petitioner was not present at the spot. He submits that two vehicles have been intercepted and allegations are made on the said vehicles liquor was being carried out. He further submits that the owner of the vehicle, on which, the petitioner is the driver has already been provided the privilege of anticipatory bail in A.B.A. No. 5245 of 2025 by this court. He also submits that the petitioner is having no criminal antecedent and disclosure to that effect has been made in para-11 of the petition. 4. Learned A.P.P. appearing for the State has opposed the prayer and submits that the petitioner is the driver of the one of the [ 2025:JHHC:28324] -2- vehicle. 5. Considering that the owner of the vehicle, on which, the petitioner is the driver has already been provided the privilege of anticipatory bail in A.B.A. No. 5245 of 2025 by this court and further the petitioner is having no criminal antecedent and disclosure to that effect has been made in para-11 of the petition and the name of the petitioner has been taken by one of the apprehended driver of another vehicle, I am inclined to provide the privilege of anticipatory bail to the petitioner. 7. Accordingly, the petitioner, named above, is hereby directed to surrender before the learned court within three weeks from today, and in the event of her surrender/arrest, the petitioner, above named, shall be released on bail, on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand), with two sureties of the like amount each, to the satisfaction of learned Chief Judicial Magistrate, Dumka, in connection with Hansdiha P.S. Case No. 07 of 2025, subject to the conditions as laid down under section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023. (Sanjay Kumar Dwivedi, J.) Dated:-16.09.2025 Amitesh/-