Awdhesh Tudu Vs the State of Jharkhand — Anticipatory Bail | Jharkhand HC (2025)

Awdhesh Tudu Vs the State of Jharkhand — Anticipatory Bail | Jharkhand HC (2025)

What the court decided

AI extract

Outcome

Anticipatory bail privileges granted: surrender within six weeks; on arrest or surrender, release on cash security of Rs.20,000/- each and bail bond of Rs.25,000/- each with two like sureties before learned J.M.-1st Class, Jamshedpur, subject to investigation-co-operation conditions and further conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

Issue for consideration

Whether the petitioners, apprehending arrest in connection with MGM (Mango Muffassil) P.S. Case No.192 of 2024 instituted under Sections 275 and 292 of the B.N.S., 2023 and Sections 41(a), 47(e) and 47(f) of the Jharkhand Excise Act, should be granted the privileges of anticipatory bail.

Court's answer

The Court granted the privileges of anticipatory bail to the petitioners and directed them to surrender before the Court below within six weeks; in the event of their arrest or surrender they are to be enlarged on bail on depositing Rs.20,000/- each as cash security and on furnishing a bail bond of Rs.25,000/- each with two sureties of the like amount each, to the satisfaction of learned J.M.-1st Class, Jamshedpur, in connection with MGM (Mango Muffassil) P.S. Case No.192 of 2024.

Ratio / Principle

Enlargement on bail is conditional: the petitioners must co-operate with the investigation, appear before the investigating officer as and when noticed by him, furnish their mobile number and photocopy of Aadhar Card with an undertaking not to change the mobile number during the pendency of the case, and comply with further conditions laid down under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

Detailed headnote1 paragraphs

Anticipatory bail granted to Awdhesh Tudu, Suku Karmakar @ Suku Karamkar and Raghu Tudu @ Pitho Tudu (A.B.A. No.79 of 2025, decided 15-01-2025) apprehending arrest in MGM (Mango Muffassil) P.S. Case No.192 of 2024, instituted under Sections 275 and 292 of the B.N.S., 2023 and Sections 41(a), 47(e) and 47(f) of the Jharkhand Excise Act (alleged involvement in illegal distillation and sale of illicit country-made liquor). Petitioners directed to surrender within six weeks; on arrest or surrender to be enlarged on bail on depositing Rs.20,000/- each as cash security and furnishing bail bond of Rs.25,000/- each with two sureties of the like amount each, to the satisfaction of learned J.M.-1st Class, Jamshedpur, subject to co-operation with the investigation, appearance before the investigating officer as and when noticed, furnishing mobile number and photocopy of Aadhar Card with an undertaking not to change the mobile number during the pendency of the case, and further conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No.79 of 2025

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Awdhesh Tudu, aged about 35 years, son of Mangal Tudu, Resident of Shil Pahari, Pipla, MGM Dimna, Bada Banki, P.O.- Pipla, P.S.- M.G.M., Town- Jamshedpur, District- East Singhbhum.

Suku Karmakar @ Suku Karamkar, aged about 38 years, son of Lt. Sunil Karamkar @ Sunil Karmakar, Resident of Village Koriya, Suklara, P.O. and P.S.- Suklara, Town- Jamshedpur, District- East Singhbhum.

Raghu Tudu @ Pitho Tudu, aged about 38 years, son of Somay Tudu @ Somai Tudu, Resident of Pipla, MGM Mango, Kalajhor, P.O.- Pipla, P.S.- M.G.M. (Mango Muffassil), Town- Jamshedpur, District- East Singhbhum .... .... …. Petitioners

Versus

The State of Jharkhand .... .... .... Opposite Party

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CORAM : HON'BLE MR. JUSTICE ANIL KUMAR CHOUDHARY

For the Petitioners : Mr. Rohan Mazumdar, Advocate For the State : Mr. Shiv Shankar Kumar, Addl.P.P

Order No.02 Dated- 15-01-2025

Heard the parties.

Apprehending their arrest in connection with MGM (Mango Muffassil) P.S. Case No.192 of 2024 instituted under Sections 275 and 292 of the B.N.S., 2023 and Section 41 (a), 47 (e) and 47 (f) of Jharkhand Excise Act, the petitioners have moved this Court for grant of privileges of anticipatory bail.

Learned counsel appearing for the petitioners submits that the allegation against the petitioners is that the petitioners were involved in illegal distillation and sale of illicit country-made liquor. It is submitted that the allegation against the petitioners is false. Drawing attention of this Court towards para-15 of the instant bail application, learned counsel for the petitioners submits that the petitioners have no criminal antecedent. It is next submitted that the petitioners have got no concern with the alleged seized liquor. It is lastly submitted that the petitioners undertake to co-operate with

the investigation of the case and to furnish sufficient security including cash security. Hence, it is submitted that the petitioners be given the privileges of anticipatory bail.

Learned Addl. P.P appearing for the State opposes the prayer for anticipatory bail of the petitioners.

Considering the submissions of learned counsels and the facts and circumstances stated above, I am inclined to grant privileges of anticipatory bail to the petitioners. Accordingly, the petitioners are directed to surrender in the Court below within six weeks from today and in the event of their arrest or surrendering, they will be enlarged on bail on depositing Rs.20,000/- each as cash security and on furnishing bail bond of Rs.25,000/(Twenty five thousand) each with two sureties of the like amount each to the satisfaction of learned J.M.-1^st Class, Jamshedpur in connection with MGM (Mango Muffassil) P.S. Case No.192 of 2024 with the condition that they will co-operate with the investigation of the case and appear before the investigating officer as and when noticed by him and furnish their mobile number and photocopy of the Aadhar Card with an undertaking that they will not change their mobile number during the pendency of the case and further conditions as laid down under Section 482 (2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

(Anil Kumar Choudhary, J . )

Animesh/