Bisheshwar Mahto vs State Of Jharkhand

Sanjay Kumar Dwivedi, J

Heard learned counsels for petitioner and for the State.

The petitioner is apprehending his arrest in connection with Complaint Case No.36066 of 2025, for offence registered under sections 47 (a) of Excise Act, pending in court of learned Additional Chief Judicial Magistrate, Ranchi.

Learned counsel for petitioner submits that the petitioner has  been  framed  in  the  instant  case  alleging that  90  litre  country made liquor and 1300 kg jawa mahua have been  recovered from the house of the petitioner. He next submits that even in the seizure list signature of the petitioner is not there and no independent witness has signed on the seizure list and the petitioner has got no criminal antecedent as disclosed in para 8.

Learned State counsel opposes prayer and submits that recovery is made from the house of the petitioner.

Considering that in the seizure list, only the raiding parties  have  witnessed  and  no  independent  witness  has  signed  on the seizure list and the petitioner has got no criminal antecedent as aforesaid, I am inclined to grant anticipatory bail to petitioner.

Accordingly,  petitioner,  above  named,  is  hereby  directed  to surrender before learned court within four weeks from today, and in event of his surrender/arrest, petitioner, above named, shall be released on bail, on furnishing bail bond of Rs.25,000/- (Rupees Twenty  Five  Thousand),  with  two  sureties  of  like  amount  each,  to satisfaction  of  learned  Additional  Chief  Judicial  Magistrate,  Ranchi, in connection with Complaint Case No.36066 of 2025, subject to the conditions as laid down under section 482(2) of Bhartiya Nagrik Suraksha Sanhita (BNSS), 2023.