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2026 DAILYLAW 21844 (JHR)

UTTAM KUMAR BARNWAL @ UTTAM KUMAR BARNWEAL v. THE STATE OF JHARKHAND

A.B.A./4074/2026 · 2026-07-24

Sanjay Kumar Dwivedi

Transfer Petitionbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

[2026:JHHC:21963] -1- IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No. 4074 of 2026 Uttam Kumar Barnwal @ Uttam Kumar Barnal, aged about-51 Years, Son of Brahmadev Barnwal, Resident of:-House No.120, Ward No.3, Near of Baba Serving Center, Belabagan, Post Office-Deoghar, Police Station Deoghar, District-Deoghar, Jharkhand. ..... … Petitioner Versus The State of Jharkhand ..... … Opposite Party -------- CORAM : HON’BLE MR. JUSTICE SANJAY KUMAR DWIVEDI ------ For the Petitioner : Mr. Awnish Shekhar, Advocate. For the State : Mr. Rakesh Kumar Sinha, A.P.P. ------ 05/ 24.07.2026 Heard learned counsel for the petitioner and learned A.P.P for the State. 2. The petitioner is apprehending his arrest in connection with Deoghar Town P.S. Case No. 122 of 2022, registered for the offence under Sections 188, 269, 270 and 420 of the Indian Penal Code, Section 20(1) COTPA Act and Section 3 of Epidemic Diseases Act, pending in the Court of learned Chief Judicial Magistrate, Deoghar. 3. Learned counsel appearing for the petitioner submits that earlier the petitioner has moved before this court in A.B.A. No. 7468 of 2022, which was dismissed for default. He next submits that the petitioner has again moved before this court in A.B.A. No. 1628 of 2026, which was later on dismissed as withdrawn with the liberty to move before the learned court on the fresh ground. He further submits that thereafter the petitioner has moved before the learned court on the fresh ground, however, the learned court has rejected the same holding that there is no fresh ground to entertain the petition and now the petitioner has received the notice issued under Section 35(3) of [2026:JHHC:21963] -2- Bharatiya Nagarik Suraksha Sanhita, 2023. He then submits that there is no documentary evidence of the house where the tobacco pan masala and some cigarettes cartels without GST bill were found stored that the said house is not belonging to this petitioner. On these grounds, he submits that anticipatory bail may kindly be provided to the petitioner. 4. Learned A.P.P. appearing for the State has opposed the prayer and submits that earlier the petitioner has withdrawn the prayer for anticipatory bail of this petitioner with the liberty to move before the learned court and further in the house, where tobacco pan masala and some cigarettes cartels without GST bill were found stored was belonging to this petitioner. He next submits that no fresh ground has been stated in the petition to entertain this anticipatory bail application. 5. There is direct allegation against this petitioner of keeping five gunny bags of tobacco pan masala and some cigarettes cartels without GST bill and further the tobacco pan masala has already been banned by the Government of Jharkhand and further nothing new has been argued and further nothing new ground has been stated in this third anticipatory bail petition to entertain this petition. 6. In view of the above, no fresh ground is made out to entertain this anticipatory bail application. As such, this petition is dismissed. (Sanjay Kumar Dwivedi, J.) Dated:-24.07.2026 Amitesh/-