Sikendra Bhuiyan Vs the State of Jharkhand — Anticipatory Bail | Jharkhand HC (2025)

Sikendra Bhuiyan Vs the State of Jharkhand — Anticipatory Bail | Jharkhand HC (2025)

What the court decided

AI extract

Outcome

Anticipatory bail granted: petitioner directed to surrender before the learned Court within three weeks; in the event of surrender/arrest, to be released on bail on furnishing bail bond of Rs.25,000/- with two sureties of the like amount each, to the satisfaction of learned JMFC, Hazaribagh in connection with Keredari P.S. Case No. 187 of 2024, subject to conditions under Section 482(2) of Bharatiya Nagarik Suraksha Sanhita, 2023.

Issue for consideration

Whether anticipatory bail should be granted to the petitioner who is apprehending arrest in Keredari P.S. Case No. 187 of 2024 (Sections 274 and 275, Bharatiya Nyaya Sanhita, 2023; Section 47(a), Excise Act).

Court's answer

The court was influenced by the petitioner having no criminal antecedent (as disclosed in paragraph No.10 of the petition) and by the fact that no independent witness and not even the petitioner signed the seizure list.

Ratio / Principle

On those grounds, the court inclined to grant anticipatory bail to the petitioner.

Key takeaways

The petitioner was directed to surrender within three weeks and, upon surrender/arrest, to be released on bail on furnishing a bail bond of Rs.25,000/- with two sureties of the like amount each, to the satisfaction of learned JMFC, Hazaribagh, subject to the conditions under Section 482(2) of Bharatiya Nagarik Suraksha Sanhita, 2023.ratio¶¶18

Detailed headnote1 paragraphs

Anticipatory Bail — Jharkhand High Court (A.B.A. No. 4419 of 2025, decided 14.08.2025, Sanjay Kumar Dwivedi, J.) — Petitioner apprehending arrest in Keredari P.S. Case No. 187 of 2024 (Sections 274 and 275, Bharatiya Nyaya Sanhita, 2023; Section 47(a), Excise Act) arising from alleged recovery of 55 liters of Mahuwa liquor — Seizure list signed only by police witnesses; no independent witness and not even the petitioner signed — Petitioner has no criminal antecedent (paragraph No.10 of the petition) — Anticipatory bail granted: surrender within three weeks; release on bail on bond of Rs.25,000/- with two like sureties to the satisfaction of learned JMFC, Hazaribagh, subject to conditions under Section 482(2), Bharatiya Nagarik Suraksha Sanhita, 2023.

2025:JHHC:23797

IN THE HIGH COURT OF JHARKHAND, RANCHI A.B.A. No. 4419 of 2025

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Sikendra Bhuiyan, aged about 36 years, son of Gujar Bhuiyan, resident of village – Karali, PO and PS – Keredari, District – Hazaribag, Jharkhand .... Petitioner

-- Versus -- The State of Jharkhand .... Opposite Party

CORAM: HON’BLE MR. JUSTICE SANJAY KUMAR DWIVEDI

--For the Petitioner :- Mr. Sanjay Kr. Pandey 2, Advocate For the State :- Mr. Vishwanath Roy, Advocate ----

06 /14.08.2025 Heard learned counsel appearing for the petitioner as well as the learned counsel appearing for the State.

2. The petitioner is apprehending his arrest in connection with Keredari P.S. Case No.187 of 2024, for the alleged offences registered under Sections 274 and 275 of Bharatiya Nyaya Sanhita, 2023 and Section 47(a) of Excise Act pending in the Court of learned JMFC, Hazaribagh.

3. Learned counsel appearing for the petitioner submits that false allegation is made of recovery of 55 liters of Mahuwa liquor. He submits that in the seizure list no independent witness has signed even the petitioner has not signed. He further submits that only the police witnesses have signed on the seizure list. He submits that the petitioner has got no criminal antecedent as disclosed in paragraph No.10 of the petition.

4. Learned counsel appearing for the State opposes the prayer

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A.B.A. No. 4419 of 2025

2025:JHHC:23797

and submits that 55 liters of mahuwa liquor has been recovered from the house of the petitioner.

5. Considering that the petitioner has got no criminal antecedent as disclosed in paragraph No.10 of the petition and in the seizure list no independent witnesses have signed and even the petitioner has not signed, I am inclined to provide anticipatory bail to the petitioner.

6. Accordingly, the petitioner, above named, is hereby directed 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 JMFC, Hazaribagh in connection with Keredari P.S. Case No.187 of 2024, subject to the conditions as laid down under Section 482(2) of Bharatiya Nagarik Suraksha Sanhita, 2023.

(Sanjay Kumar Dwivedi, J.)

Sangam/

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A.B.A. No. 4419 of 2025