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2026 DAILYLAW 2733 (JHR)

BIRENDRA YADAV v. STATE OF JHARKHAND

A.B.A./1258/2026 · 2026-04-06

Sanjay Kumar Dwivedi

body2026

Judgment text

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2026:JHHC:9704 1 IN THE HIGH COURT OF JHARKHAND, RANCHI A.B.A. No. 1258 of 2026 ---- 1.Birendra Yadav, aged about 31 years, son of Sikendra Yadav 2.Mahesh Yadav aged about 33 years, son of Narayan Yadav 3.Deepak Yadav @ Deepak Kumar aged about 30 years, son of Darwa Devi, All residents of vill.Jarga, PO Gujhandi, PS Talaiya, Dist. Koderma .... Petitioners -- Versus -- The State of Jharkhand .... Opposite Party ---- CORAM: HON’BLE MR. JUSTICE SANJAY KUMAR DWIVEDI --- For the Petitioners :- Mr. Randhir Kumar, Advocate For the State :- Mr. V.K. Sinha, Advocate ---- 2/06.04.2026 Heard learned counsels for petitioners and for State. 2. The petitioners are apprehending their arrest in connection with Telaiya PS Case No.325 of 2025, for offence registered under section 272, 274, 275, 292, 3(5) of BNS, 2023 and section 47 (a)(f) of Excise Act, pending in court of learned Addl. Chief Judicial Magistrate, Koderma. 3. Learned counsel for the petitioners submits that the allegations are made that 100 litres mahua liquor has been recovered from the house of petitioner no.1 and 90 litres mahua liquor has been recovered from the house of petitioner no.2 and nothing has been recovered from the possession of petitioner no.3. He also submits that the petitioners are having no criminal antecedent as disclosed in paragraph no.11. He next submits that three co-accused persons have been granted anticipatory bail in 2026:JHHC:9704 2 ABA No.801 of 2026. He next submits that the seizure witnesses are only the police personnels and there is no independent witness. 4. Learned State counsel opposes prayer and submits that mahua liquor has been recovered from the house of the petitioner no.1 as well as petitioner no.2. 5. Considering that the seizure witnesses are only the police personnels and there is no independent witness and further considering the quantity of the mahua liquor, and in that view of the matter, the petitioners, above named, are directed to surrender before learned court within two weeks from today, and learned court shall release petitioners, above named, on such terms and conditions as well as sureties as learned court may deem fit and proper. 6. A.B.A. No.1258 of 2026 is disposed of. ( Sanjay Kumar Dwivedi, J.) 06.04.2026 SI/