Bhola Prasad Alias Bhola Choudhary Vs the State of… — Anticipatory Bail | Jharkhand HC (2026)

Bhola Prasad Alias Bhola Choudhary Vs the State of… — Anticipatory Bail | Jharkhand HC (2026)

What the court decided

AI extract

Outcome

Anticipatory bail granted: petitioner to surrender within two weeks and, on arrest or surrender, to be enlarged on bail on a bail bond of Rs.25,000/- with two sureties of the like amount each, subject to the conditions laid down under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

Issue for consideration

Whether anticipatory bail should be granted to the petitioner who is apprehending arrest in connection with Barkatha P.S. Case No. 74 of 2025, registered for offences under Sections 274, 275 and 292 of the Bhartiya Nyaya Sanhita, 2023 and Section 47(a) of the Excise Act.

Court's answer

The court granted anticipatory bail taking into account that the petitioner earns his livelihood by selling Chow Mein, that he has no criminal antecedent as disclosed in para 12 of the petition, and that there is no independent witness on the seizure list.

Ratio / Principle

The petitioner was directed to surrender before the learned court within two weeks and, in the event of arrest or surrender, to be enlarged on bail on furnishing a bail bond of Rs.25,000/- with two sureties of the like amount each, to the satisfaction of the learned Judicial Magistrate, 1st Class, Hazaribag, in connection with Barkatha P.S. Case No. 74 of 2025, subject to the conditions laid down under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

Detailed headnote1 paragraphs

Anticipatory Bail - Granted. Petitioner apprehending arrest in Barkatha P.S. Case No. 74 of 2025, registered under Sections 274, 275 and 292 of the Bhartiya Nyaya Sanhita, 2023 and Section 47(a) of the Excise Act, pending before the Judicial Magistrate, 1st Class, Hazaribag; alleged recovery of foreign liquor from the petitioner's moving Chow Mein shop and house; no independent witness on the seizure list; petitioner has no criminal antecedent and earns his livelihood by selling Chow Mein. Petitioner directed to surrender within two weeks and, on arrest or surrender, to be enlarged on bail on a bond of Rs.25,000/- with two like sureties, subject to Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023 conditions. By Sanjay Kumar Dwivedi, J.

2026:JHHC:16324

IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No. 2706 of 2026

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Bhola Prasad @ Bhola Choudhary, aged about 18 years, son of Shyam Prasad Choudhary, resident of Village and Post Chuglamo, P.O. Barkatha, District Hazaribag, Jharkhand .... .... …. Petitioner Versus The State of Jharkhand .... .... .... Opposite Party

CORAM : HON'BLE MR. JUSTICE SANJAY KUMAR DWIVEDI

For the Petitioner : Mr. Manoj Kumar, Advocate For the State : Mr. Rakesh Kumar Sinha, A.P.P.

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02/08.06.2026 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner is apprehending his arrest in connection with Barkatha P.S. Case No. 74 of 2025, registered for the offence under Sections 274, 275 and 292 of Bhartiya Nyaya Sanhita, 2023 and Section 47(a) of the Excise Act, pending in the court of learned Judicial Magistrate, 1^st Class, Hazaribag.

Learned counsel appearing for the petitioner submits that the petitioner is falsely implicated in this case and he is earning his livelihood by way of selling Chow Mein. He further submits that even in the seizure list, there is no independent witness. He next submits that the petitioner is having no criminal antecedent as disclosed in para 12 of the petition.

Learned counsel appearing for the State opposes the prayer and submits that recovery of foreign liquor is from moving Chow Mein shop of the petitioner as well as from the house of the petitioner.

Considering that the petitioner earns his livelihood by way of selling Chow Mein and the petitioner is having no criminal antecedent as disclosed in para 12 of the petition and further there is no independent witness on the seizure list, in the attending facts and circumstances, I am inclined to grant anticipatory bail to the petitioner.

Accordingly, the above-named petitioner is directed to surrender before the learned court within two weeks from today and in the event of his arrest or surrender, he shall be enlarged on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1^st Class, Hazaribag, in connection with Barkatha P.S. Case No. 74 of 2025, subject to the conditions as laid down under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

(Sanjay Kumar Dwivedi, J . )

Anit Uploaded 10.06.2026