Jitendra Das Vs the State of Jharkhand — Anticipatory Bail | Jharkhand HC (2026)

Jitendra Das Vs the State of Jharkhand — Anticipatory Bail | Jharkhand HC (2026)

What the court decided

AI extract

Outcome

Anticipatory bail granted: petitioner directed to surrender before the learned Court within three weeks; upon surrender/arrest, release on furnishing bail bond of Rs.25,000/- with two sureties of the like amount each, to the satisfaction of learned J.M.F.C., Deoghar in connection with Sarawan P.S. Case No.43 of 2026, subject to conditions laid down under Section 482(2) of Bharatiya Nagarik Suraksha Sanhita, 2023.

Issue for consideration

Whether anticipatory bail should be granted to the petitioner who apprehends arrest in connection with Sarawan P.S. Case No.43 of 2026 (Sections 274, 275, 292 BNS 2023 and Section 47(a) Jharkhand Excise Act) pending before J.M.F.C., Deoghar.

Court's answer

The court was inclined to grant anticipatory bail because the recovered mahuwa liquor was kept by the petitioner as there was a marriage in the family, and the petitioner has no criminal antecedent as disclosed in paragraph No.08 of the petition.

Ratio / Principle

Anticipatory bail allowed: petitioner to surrender before the learned Court within three weeks and, in the event of 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 J.M.F.C., Deoghar in connection with Sarawan P.S. Case No.43 of 2026, subject to conditions under Section 482(2) of Bharatiya Nagarik Suraksha Sanhita, 2023.

Detailed headnote1 paragraphs

Anticipatory Bail — Jharkhand Excise Act, S. 47(a) with Sections 274, 275, 292 Bharatiya Nyaya Sanhita, 2023 — Petitioner apprehending arrest in Sarawan P.S. Case No.43 of 2026 pending before J.M.F.C., Deoghar over recovery of 50 litres of mahuwa liquor — Held: anticipatory bail granted on grounds that the liquor was kept for a marriage ceremony in the family and the petitioner has no criminal antecedent (para 08 of petition) — Petitioner to surrender within three weeks and, upon surrender/arrest, to be released on bail bond of Rs.25,000/- with two sureties of like amount each, subject to conditions under Section 482(2) Bharatiya Nagarik Suraksha Sanhita, 2023.

2026:JHHC:19221

IN THE HIGH COURT OF JHARKHAND, RANCHI A.B.A. No. 3449 of 2026

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Jitendra Das, aged about 43 years, son of Puran Das, resident of village – Charghara, PO – Sarwan, PS – Sarwan, Sub-Division and District – Deoghar, Jharkhand .... Petitioner

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

CORAM: HON’BLE MR. JUSTICE SANJAY KUMAR DWIVEDI

--For the Petitioner :- Mr. Sudhansu Kumar Deo, Advocate For the State :- Mr. Ajay Kr. Pathak, Advocate ----

/01.07.2026 Heard learned counsel appearing for the petitioner as well

as learned counsel appearing for the State.

2. The petitioner is apprehending his arrest in connection with Sarawan P.S. Case No.43 of 2026, for the alleged offences registered under Sections 274, 275 and 292 of Bharatiya Nyaya Sanhita, 2023 and Section 47(a) of Jharkhand Excise Act pending in the Court of learned J.M.F.C., Deoghar.

3. Learned counsel appearing for the petitioner submits that the petitioner has been falsely implicated in this case and the allegations are made that 50 liters of mahuwa liquor has been recovered from the possession of the petitioner. He further submits that the said mahuwa liquor was kept in the house as marriage ceremony was there in the family. He then submits that the petitioner has got no criminal antecedent as disclosed in paragraph No.08 of the petition. On these grounds, he submits that

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anticipatory bail may kindly be granted.

4. Learned counsel appearing for the State opposed the prayer and submits that mahuwa liquor has been recovered from the possession of the petitioner.

5. Considering that the said mahuwa liquor was kept by the petitioner as there was a marriage in the family and the petitioner has got no criminal antecedent as disclosed in paragraph No.08 of the petition, 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 J.M.F.C., Deoghar in connection with Sarawan P.S. Case No.43 of 2026, subject to the conditions as laid down under Section 482(2) of Bharatiya Nagarik Suraksha Sanhita, 2023.

(Sanjay Kumar Dwivedi, J.)

Dated 01.07.2026 Sangam/

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A.B.A. No. 3449 of 2026