Extracted from the PDF above. The PDF is authoritative.
( 2025:JHHC:10688 ) IN THE HIGH COURT OF JHARKHAND AT RANCHI
ABA No. 3702 of 2024
Vikesh Kumar Tiwary @ Vikesh Kumar Tiwari, aged about 35 years, son of Arun Kumar Tiwary, resident of village Karua Kalan, P.O. and P.S.- Garhwa, District: Garhwa.
… Petitioner
Versus
The State of Jharkhand
… opp. party
With ABA No. 3493 of 2024
Mangal Murti Tiwari, aged about 40 years, son of Ramanuj Tiwari, resident of Ward 10, Village Chetna, P.O. & P.S. Garhwa, District - Garhwa (Jharkhand).
… Petitioner
Versus
The State of Jharkhand
… opp. party With ABA No. 3775 of 2024
Rakesh Kumar Tiwari, aged about 37 years, son of Binod Tiwary, resident of village Karua Kalan, P.O. and P.S. Garhwa, District:- Garhwa.
… Petitioner
Versus
The State of Jharkhand
… opp. party
Coram: HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY
For the Petitioner : Mr. A.K. Kashyap, Sr. Adv. Mr. R.S. Mazumdar, Sr. Adv. Mr. Ravi Prakash, Adv. Mr. Anurag Kashyap, Adv. For the State
: Mr. Devesh Krishna, SC Mines III Mr. Vaibhav Joshi, AC to SC Mines III For the informant : Mr. Nilesh Kumar, Adv.
09 / 07.04.2025
Heard the parties. Since all these three anticipatory bail applications are arising out of the same Garhwa Town P.S. Case No. 127 of 2024 hence, these three anticipatory bail applications are disposed of by this common order. Apprehending their arrest, the petitioners have moved this Court for grant of privilege of anticipatory bail in connection with Garhwa Town P.S. Case No. 127 of 2024,
registered for the offences punishable under Sections 420/406/467/468/471 of the Indian Penal Code.
Learned counsel appearing for the petitioners submits that the allegation against the petitioners is that the petitioners availed loan from the Indian Bank, Garhwa Branch on the basis of the forged national savings certificates. It is then submitted that the allegations against the petitioners are all false and. It is further submitted by
learned counsel for the petitioners that petitioners were not aware about any loan being sanctioned in their favour and admittedly by the informant, as mentioned in Annexure 2 of ABA No. 3702 of 2024 and ABA No. 3775 of 2024; the informant himself has admitted that the co-accused Ankit Krishnatrey is the person who is responsible for sanction and disbursal of all the loans and the co-accused Ankit Krishnatrey also gave a cheque of Rs. 1,50,00,000/- to the informant, which of course later on, was dishonoured, which goes to show that, the petitioners were no way responsible for the alleged loan transaction. It is next submitted that admittedly, the loan account has been closed. It is next submitted by learned senior counsel of ABA No. 3493 of 2024 that the informant has already compromised the case with the petitioner of ABA no. 3493 of 2024 and in this respect, learned senior counsel for the petitioner, draws attention of the Court to the Annexure 3 of ABA no. 3493 of
2024. It is next submitted that the main allegation is against Ankit Krishnatrey. It is next submitted that the petitioners are ready to co-operate with the investigation of the case and also undertakes to furnish sufficient security including cash security. It is lastly submitted that the petitioners undertake that they will not annoy or disturb the informant in any manner during pendency of the case hence, the petitioners be given the privilege of anticipatory bail. The learned counsel for the State opposes the prayer for anticipatory bail of the petitioners and submits that the finding the complicity of the informant in the whole matter,
the informant has also been arrayed as an accused in this case. The learned counsel for the informant submits that the informant has deposited the loan amount taken by the petitioners, with the bank, to save his employment with the bank. Considering aforesaid facts and circumstances of the case, I am inclined to grant the privilege of anticipatory bail to the petitioners. Hence, in the event of arrest by the police or surrender within a period of six weeks from the date of this
order, the petitioners shall be released on bail on depositing Rs. 10,000/- each as cash security and on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Garhwa in connection with Garhwa, Town P.S. Case No. 127 of 2024 subject to the condition that the petitioners will not annoy or disturb the informant in any manner during pendency of the case and will co-operate with the Investigation of the case and will appear before the Investigating Officer as and when noticed by him and will submit mobile number and photocopy of Aadhaar card at the time of surrender in the court below with an undertaking not to change mobile phone number during the pendency of the case along with the other conditions laid down under section 438 (2) Cr. P.C.
(ANIL KUMAR CHOUDHARY, J.) Smita/-