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2025 DAILYLAW 36203 (JHR)

OM PRAKASH VISHWAKARMA v. STATE OF JHARKHAND

A.B.A./7083/2025 · 2025-12-12

Sanjay Kumar Dwivedi

body2025

Judgment text

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2025:JHHC:37368 1 IN THE HIGH COURT OF JHARKHAND AT RANCHI ABA No.7083 of 2025 Om Prakash Vishwakarma, aged about 52 years, S/O Rajdev Mistry, R/O Vill- Kawal, P.O & P.S- Chhatarpur, Dist. Palamu Jharkhand. …. Petitioner Versus The State of Jharkhand … Opp. Party -------- CORAM: HON’BLE MR. JUSTICE SANJAY KUMAR DWIVEDI ------ For the Petitioner : Mr. Vishwajit Singh, Advocate Mr. R.N. Chatterjee, Advocate For the State : Mr. Ajay Kr. Pathak, APP ------ 2/12.12.2025 Heard learned counsel appearing on behalf of Petitioner and learned counsel appearing on behalf of the State. 2. The petitioner is apprehending his arrest in connection with Complaint Case No. 3352/2024, for the offence under section 47(a), 52(a), 55 of Excise Act, now pending in the Court of learned J.M.F.C. Palamau. 3. Learned counsel appearing for the petitioner submits that petitioner happened to be owner of the pick-up van and it is alleged that the said pick up van was parked with 1720 liters of spirit in the garage of Raju Vishwkarma and Madan Vishwakarma. He also submits that the said vehicle was hired by them. He further submits that the petitioner has got no criminal antecedent as disclosed in 14 of the petition. 4. Learned counsel appearing for the State opposed the prayer and submits that the petitioner happened to be owner of the said pick up van. 5. Considering that from the garage of Raju Vishwakarma and Madan Vishwakarma, the said spirit loaded in the said vehicle has 2025:JHHC:37368 2 been recovered and it is pointed out that the said vehicle was hired by them and the petitioner has got no criminal antecedent as disclosed in para-14 of the petition, I am inclined to grant anticipatory bail to the petitioner. 6. Accordingly, the petitioner above named is directed to surrender before the learned Court within three weeks from the date of receipt of the order and on the event of his surrender / arrest, he shall be released on bail on furnishing bail bond of Rs.25,000/- (Twenty-Five Thousand) with two sureties of the like amount of each to the satisfaction of learned J.M.F.C. Palamau, in connection with Complaint Case No. 3352/2024, subject to the condition as laid down under Section 482(2) of Bharatiya Nagarik Suraksha Sanhita, 2023. 7. This Anticipatory Bail Application is accordingly allowed and disposed of. (Sanjay Kumar Dwivedi, J.) 12.12.2025 R.Kumar