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2025 DAILYLAW 26263 (JHR)

PANKAJ KUMAR MAHTO v. THE STATE OF JHARKHAND THROUGH THE EXCISE DEPARTMENT

A.B.A./5713/2025 · 2025-09-24

Sanjay Kumar Dwivedi

body2025

Judgment text

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-1- A.B.A. No. 5713 of 2025 2025:JHHC:29776 IN THE HIGH COURT OF JHARKHAND, RANCHI ---- A.B.A. No. 5713 of 2025 ---- Pankaj Kumar Mahto, aged about 28 years, son of Kartik Mahto, Village Kesherdih, PO Tutki Nawadhi, PS Silli District Ranchi .... Petitioner -- Versus -- The State of Jharkhand through Excise Department .... Opposite Party ---- CORAM: HON’BLE MR. JUSTICE SANJAY KUMAR DWIVEDI --- For the Petitioner :- Mr. Praveen Chandra, Advocate For the State :- Mr. Praful Jojo, Advocate ---- 2/24.09.2025 Heard learned counsels for petitioner and for State. 2. The petitioner is apprehending his arrest in connection with Complaint Case No.9565 of 2024, for offence registered under section 47 (A) of Jharkhand Excise Act, 2000, pending in court of learned A.C.J.M., Ranchi. 3. Learned counsel for petitioner submits that petitioner has been falsely implicated in this case and false allegations are made of fleeing away from the spot. He further submits that allegation is made of 800 kg jawa mahua was recovered from the particular place. He then submits that said place is not belonging to the portioner and the petitioner has got no criminal antecedent as disclosed in paragraph no.4. He next submits that the petitioner has received notice from Lok Adalat for settlement of the case however the portioner is not ready to settle the matter as the petitioner has been falsely implicated in this case. He also -2- A.B.A. No. 5713 of 2025 submits that in the seizure list, the seizure of jawa mahua is there however in the complaint it has been stated that same has been destroyed. 4. Learned State counsel opposes prayer and submits that name of the petitioner has come on the statement of one of the independent witness. 5. In the complaint petition itself it is stated that jawa mahua has been destroyed however in the seizure list, it has been shown to be seized and the petitioner has got no criminal antecedent as aforesaid, I am inclined to grant anticipatory bail to petitioner. 6. Accordingly, petitioner, above named, is hereby directed to surrender before learned court within three weeks from today, and in event of his surrender/arrest, petitioner, above named, shall be released on bail, on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand), with two sureties of like amount each, to satisfaction of learned A.C.J.M., Ranchi, in connection with Complaint Case No.9565 of 2024, subject to the conditions as laid down under section 482(2) of Bhartiya Nagrik Suraksha Sanhita (BNSS), 2023. ( Sanjay Kumar Dwivedi, J.) Dated: 24th Sept., 2025 SI/