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2025 DAILYLAW 23461 (JHR)

KUNAL TIWARI v. THE STATE OF JHARKHAND

A.B.A./4671/2025 · 2025-08-25

Sanjay Kumar Dwivedi

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

( 2025:JHHC:25062 ) IN THE HIGH COURT OF JHARKHAND AT RANCHI A. B. A. No. 4671 of 2025 Kunal Tiwari, aged about 29 years, son of Bishwanath Tiwari, resident of Near Bari Shitla Mandir, Banpar Tola, P.O. and P.S. Sahebganj, District- Sahebganj ...... … Petitioner Versus The State of Jharkhand .…. … Opposite Party -------- CORAM: HON'BLE MR. JUSTICE SANJAY KUMAR DWIVEDI For the Petitioner :Mr. Rohan Mazumdar, Advocate For the State : Mr. Pankaj Kumar Mishra, A.P.P. 02/ 25.08.2025: Heard learned counsel for the petitioner and learned counsel for the State. 2. The petitioner is apprehending his arrest in connection with Borio P.S. Case No. 17 of 2021, registered under sections 414, 467, 468, 471, 34 of the I.P.C, under section 41, 42 and 52 of the Indian Forest Act, pending in the Court of learned Judicial Magistrate Ist Class, Sahibganj. 3. Learned counsel for the petitioner submits that petitioner is neither driver nor owner of the vehicle in question and allegation is made that 25 tonnes of coal was loaded on the said tractor. He submits that the name of the petitioner has come in the confessional statement of the apprehended accused persons and co-accused has been granted anticipatory bail in A.B.A. No. 9178 of 2021. On these grounds, he submits that the petitioner may kindly be provided privilege of anticipatory bail. 4. Learned counsel for the State opposes the prayer and submits that illegally coal was loaded on the said vehicle. 5. Considering that the name of the petitioner has come in the confessional statement of the apprehended accused persons and it has been pointed out by the learned counsel for the petitioner that petitioner is neither driver nor owner of the vehicle in question and co-accused has been ( 2025:JHHC:25062 ) granted anticipatory bail in the aforesaid A.B.A, I am inclined to grant anticipatory bail to the petitioner. Accordingly, the above named, petitioner is directed to surrender before the learned court within three weeks from today and in the event of his surrender / arrest, the petitioner shall be released on bail, on furnishing bail bonds of Rs. 25,000/- (twenty five thousand) with two sureties of the like amount each, to the satisfaction of learned Judicial Magistrate Ist Class, Sahibganj, in connection with Borio P.S. Case No. 17 of 2021, subject to conditions as laid down under Section 482 (2) of B.N.S.S, 2023. ( Sanjay Kumar Dwivedi, J.) satyarthi-