Research › Search › Judgment

High Court of Jharkhand · body

2025 DAILYLAW 37865 (JHR)

SACHIN KUMAR KISKU ALIAS SACHIN KISKU v. STATE OF JHARKHAND

A.B.A./7101/2025 · 2025-12-12

Sanjay Kumar Dwivedi

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

2025:JHHC:37406 --1-- A.B.A. No. 7101 of 2025 IN THE HIGH COURT OF JHARKHAND, RANCHI A.B.A. No. 7101 of 2025 ---- Sachin Kumar Kisku @ Sachin Kisku, aged about 28 years, son of Surendra Kisku, resident of village and Post – Upper Bahal, PS – Jama, district - Dumka .... Petitioner -- Versus -- The State of Jharkhand .... Opposite Party ---- CORAM: HON’BLE MR. JUSTICE SANJAY KUMAR DWIVEDI --- For the Petitioner :- Mr. Sanjeev Thakur, Advocate :- Mr. Jagat Kumar Soni, Advocate For the State :- Mr. Abhay Kr. Tiwari, Advocate ---- 03/12.12.2025 Heard learned counsel appearing for the petitioner as well as the learned counsel appearing for the State. 2. The petitioner is apprehending his arrest in connection with Jama PS Case No.44 of 2025, for offence registered under section 274, 275, 292, 319(2), 318(4), 338, 336(3) of BNS, 2023, Section 47 (a)(b)(c), 52(d) and 55 of Excise Act, pending in court of learned Judicial Magistrate, 1st Class, Dumka 3. Learned counsel for petitioner submits that foreign liquor was recovered from one Bolero and two motorcycles. He further submits that the petitioner has nothing to do with the said Bolero vehicle and the two motorcycles and the petitioner has got no criminal antecedent as disclosed in paragraph no.11. He next submits that name of the petitioner has been inserted in the FIR only alleging that the persons who were fleeing away from the spot were uttering the name of the petitioner. He also submits that in identical situation one co-accused 2025:JHHC:37406 --2-- A.B.A. No. 7101 of 2025 has already been granted anticipatory bail in A.B.A. No.6623 of 2025. 4. Learned State counsel opposes prayer and submits that the foreign liquor was illegally being carried on the vehicle in question. 5. Considering that petitioner is neither the owner nor the driver of vehicle in question and foreign liquor was recovered from Bolero vehicle and two motorcycles and only on the allegation of uttering the name of the petitioner by persons who were fleeing away from the spot the petitioner has been implicated and petitioner has got no criminal antecedent as aforesaid and in identical situation one co- accused has already been granted anticipatory bail in the aforesaid A.B.A., I am inclined to grant anticipatory bail to petitioner. 6. Accordingly, the petitioner, above named, is hereby directed to surrender before the learned Court within three weeks from today, and in the event of his 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 Judicial Magistrate, 1st Class, Dumka in connection with Jama PS Case No.44 of 2025, subject to the conditions as laid down under Section 482(2) of Bharatiya Nagarik Suraksha Sanhita, 2023. (Sanjay Kumar Dwivedi, J.) Dated 12.12.2025 Sangam/