Research › Search › Judgment

High Court of Jharkhand · body

2026 DAILYLAW 21631 (JHR)

SUNITA KUMARI v. STATE OF JHARKHAND

A.B.A./4012/2026 · 2026-07-22

Sanjay Kumar Dwivedi

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

2026:JHHC:21719 --1-- A.B.A. No. 4012 of 2026 IN THE HIGH COURT OF JHARKHAND, RANCHI A.B.A. No. 4012 of 2026 ---- 1. Sunita Kumari, aged about 35 years, W/o Sonu Kumar Gupta, resident of village – Gangpur, PO – Gangpur, PS – Gidhour, District – Chatra 2. Sonu Kumar Gupta, aged about 35 years, S/o Nakul Saw, resident of Road No.1, Sankosai, near of Turiyadera Nala and Jaherthan, PO and PS – Mango, District – Jamshedpur (East Singhbhum) .... Petitioners -- Versus -- The State of Jharkhand .... Opposite Party ---- CORAM: HON’BLE MR. JUSTICE SANJAY KUMAR DWIVEDI --- For the Petitioners :- Mrs. Vani Kumari, Advocate For the State :- Mr. Tarun Kumar, Advocate ---- 02/22.07.2026 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 M.G.M., P.S. Case No.26 of 2026, for the alleged offences registered under Sections 303(2), 317(5), 61, 336(3), 340(2) and 3(5) of Bharatiya Nyaya Sanhita, 2023 and Section 47(a) of Excise Act pending in the Court of learned Judicial Magistrate 1st Class, Jamshedpur. 3. Learned counsel appearing for the petitioners submits that the petitioners were having the permit of transporting the liquor and since the said vehicle on which liquor was loaded has met with an accident. She further submits that due to compelling situation it was 2026:JHHC:21719 --2-- A.B.A. No. 4012 of 2026 shifted to another vehicle. She then submits that petitioners are owner of two of the vehicles on which the liquor was being carried and being shifted respectively. She next submits that the petitioners have got no criminal antecedent as disclosed in paragraph No.19 of the petition. She also submits that the petitioners have complied the notice under Section 35(3) of Bharatiya Nagarik Suraksha Sanhita, 2023. 4. Learned counsel appearing for the State opposed the prayer and submits that the allegations are there of shifting of liquor in another vehicle. 5. Considering that the petitioners are owners and it has been pointed out that the vehicle has met with an accident and that is why liquor was being shifted in another vehicle and the petitioner was having the valid permit and reply has also been made and the petitioners are owner of two different vehicles and the petitioners have got no criminal antecedent as disclosed in paragraph No.19 of the petition. In the attending facts and circumstances of this case, I am inclined to provide anticipatory bail to the petitioners. 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 2026:JHHC:21719 --3-- A.B.A. No. 4012 of 2026 Judicial Magistrate 1st Class, Jamshedpur in connection with M.G.M., P.S. Case No.26 of 2026, subject to the conditions as laid down under Section 482(2) of Bharatiya Nagarik Suraksha Sanhita, 2023. (Sanjay Kumar Dwivedi, J.) Dated 22.07.2026 Sangam/