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2026 DAILYLAW 23638 (JHR)

PRAMOD KUMAR SHARMA v. THE STATE OF JHARKHAND

A.B.A./4715/2026 · 2026-08-20

Sanjay Kumar Dwivedi

body2026

Judgment text

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2026:JHHC:25191 --1-- A.B.A. No. 4715 of 2026 IN THE HIGH COURT OF JHARKHAND, RANCHI A.B.A. No. 4715 of 2026 ---- Pramod Kumar Sharma, aged about 45 years, son of Late Bindeshwari Sharma, resident of village – Kukri Bigha, Ullar, Ward No.4, PO – Ullar, PS – Dulhin Bazar, District – Patna, Bihar .... Petitioner -- Versus -- The State of Jharkhand .... Opposite Party ---- CORAM: HON’BLE MR. JUSTICE SANJAY KUMAR DWIVEDI --- For the Petitioner :- Mr. Nitish Parth Sarthi, Advocate For the State :- Mrs. Ruby Pandey, Advocate ---- 02/20.08.2026 Heard learned counsel appearing for the petitioner as well as learned counsel appearing for the State. 2. The petitioner is apprehending his arrest in connection with Bishnugarh P.S. Case No.18 of 2026, for the alleged offences registered under Sections 338, 336(3), 340(2), 318(4), 274, 275, 125 and 61(2) of Bharatiya Nyaya Sanhita, 2023, Sections 47A, 47E, 52 and 55 of Jharkhand Excise Act, 1915 pending in the Court of learned J.M.F.C., Hazaribagh. 3. Learned counsel appearing for the petitioner submits that allegations are made that on the vehicle in question liquor were loaded and the said occurrence is said to be dated 31.01.2026. He further submits that however the petitioner has already sold the said vehicle to one Abhishek Sharma on 04.01.2026 by way of Annexure-2. He then submits that Abhishek Sharma, who has 2026:JHHC:25191 --2-- A.B.A. No. 4715 of 2026 purchased the vehicle, has taken the loan from financer for purchasing the said vehicle and has paid Rs.2,40,000/- to the petitioner. He next submits that later on it has been transpired to the petitioner that concealing his name in the name of Abhishek Sharma has purchased the vehicle and his actual name is Navneet Kumar and he also stopped paying EMI. He also submits that when all these things came to the knowledge of the petitioner the petitioner has made the FIR with Dulhin Bazar Police Station in the district of Patna in the State of Bihar. He next submits that in view of the allegation against the petitioner of carrying illegal liquor on the vehicle is not correct. On these grounds, he submits that anticipatory bail may kindly be granted. 4. Learned counsel appearing for the State opposed the prayer and submits that illegally liquor were being carried in the said vehicle. 5. Annexure-2 is a document which prima facie suggests that the said vehicle was sold by the petitioner to one Abhishek Sharma, however, his actual name was Navneet Kumar and concealing his name he has purchased the vehicle and the petitioner has lodged the FIR with Dulhin Bazar Police Station in the district of Patna in the State of Bihar by way of Annexure-5. In the attending facts and circumstances of this case, I am inclined to provide anticipatory bail to the petitioner. 6. Accordingly, the petitioner, above named, is hereby directed 2026:JHHC:25191 --3-- A.B.A. No. 4715 of 2026 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 J.M.F.C., Hazaribagh in connection with Bishnugarh P.S. Case No.18 of 2026, subject to the conditions as laid down under Section 482(2) of Bharatiya Nagarik Suraksha Sanhita, 2023. (Sanjay Kumar Dwivedi, J.) Dated 20.08.2026 Sangam/