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2026 DAILYLAW 6257 (JHR)

ADESH MANDAL v. THE STATE OF JHARKHAND

A.B.A./1571/2026 · 2026-04-13

Sanjay Kumar Dwivedi

body2026

Judgment text

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[2026:JHHC:10564] -1- IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No. 1571 of 2026 1. Adesh Mandal, aged about 32 years, S/o Satish Mandal, resident of village Butberia, P.O. and P.S. - Narayanpur, District – Jamtara. 2. Bhim Rai @ Bhim Ray, aged about 25 years, S/O Shanichar Rai, aged about 25 years, resident of village Sakalpur, P.O. and P.S.-Narayanpur, District-Jamtara. ..... … Petitioners Versus The State of Jharkhand ..... … Opposite Party -------- CORAM : HON’BLE MR. JUSTICE SANJAY KUMAR DWIVEDI ------ For the Petitioners : Mr. Ashotosh Pd. Joshi, Advocate. For the State : Mr. B. Shastri, A.P.P. ------ 04/ 13.04.2026 Heard learned counsel for the petitioners and learned A.P.P for the State. 2. The petitioners are apprehending their arrest in connection with O.C.R. Case No. 1070 of 2025, registered for the offence under Sections 47(a), 47(d), 49 and 55 of Excise Act, pending in the court of learned A.C.J.M., Jamtara. 3. Learned counsel appearing for the petitioners submits that false allegations have been made that spirit and other materials have been recovered from a house. He next submits that the petitioners have been made accused in this case only on the assumption that said house is belonging to these petitioners. He further submits that on the seizure list, there is no independent witness and only the police officials have put their signatures on that seizure list. He also submits that the petitioners are having no criminal antecedent and disclosure to that effect has been made in para-14 of the petition. 4. Learned A.P.P. appearing for the State has opposed the [2026:JHHC:10564] -2- prayer and submits that allegations are made of recovery of the spirit and other materials from the house in question. 5. Considering that the said house is of the petitioner is being denied by the learned counsel appearing for the petitioners in course of arguments and further they are having no criminal antecedent and disclosure to that effect has been made in para-14 of the petition and further there is no mention of any independent witness in the seizure list, in that view of the matter, the petitioners, named above, are directed to surrender before the learned Court within two weeks from today and the learned Court shall release the petitioners on such terms and conditions or the sureties as the learned Court may deem fit and proper. (Sanjay Kumar Dwivedi, J.) Dated:-13.04.2026 Amitesh/-