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2025 DAILYLAW 30386 (JHR)

DHIRENDRA KUMAR TIWARI ALIAS GUDDU TIWARI ALIAS DHIRENDRA TIWARI ALIAS GUDU TIWARI v. THE STATE OF JHARKHAND

A.B.A./7934/2024 · 2025-01-10

Anil Kumar Choudhary

body2025

Judgment text

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IN THE HIGH COURT OF JHARKHAND AT RANCHI ABA No. 7934 of 2024 1. Dhirendra Kumar Tiwari @ Guddu Tiwari @ Dhirendra Tiwari @ Gudu Tiwari, aged about 37 years, son of Rajmani Tiwari, Resident Ward 7, Village- Dumariya, P.O.- Dumariya, P.S. Garhwa, District - Garhwa; 2. Pulast Tiwari, aged about 55 years, son of Amar Dev Tiwari, Resident of Ward No. 8, Village Dumariya, P.O. Dumariya, P.S. Garhwa, District Garhwa; 3. Suryamani Dubey @ Raja Dubey, aged about 29 years, son of Jaywant Dubey, Resident of Village Banpurwa, P.O. Tildag, P.S. Garhwa, District Garhwa; 4. Bhim Sharma @ Bhim Mistri, aged about 46 years, son of Dukhi Mistri, Resident of Village Lakhana, P.O.- Dumariya, P.S.- Garhwa, District - Garhwa. … Petitioner Versus The State of Jharkhand … Opp. Party Coram: HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY For the Petitioners : Mr. R.S. Mazumdar, Sr. Adv. For the State : Mr. Rajesh Kumar , Addl. PP. 03 / 10.01.2025 Heard the parties. Apprehending their arrest, the petitioners have moved this Court for grant of privilege of anticipatory bail in connection with Garhwa P.S. Case No. 540 of 2024 registered under Sections 191(2), 190, 125, 109, 352, 351(2) , 351(2), 351 (3), 121 (1), 132, 221, 224, 196, 292, 285, 223 of the BNS, 2023. Learned senior counsel appearing for the petitioners submits that the allegation against the petitioners is that the petitioners were the members of an unlawful assembly in prosecution of the common object of the assembly, committed rioting and attempted to murder Nasir Khan. It is then submitted that the allegations against the petitioners are all false and the occurrence took place regarding the immersion of idol of goddess Durga and the petitioners had no intention to kill anyone. 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 and they undertake not to annoy or disturb the informant or the members of his party in any manner during pendency of the case hence, the petitioners be given the privilege of anticipatory bail. The learned Addl. PP opposes the prayer for anticipatory bail of the petitioner. 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 CJM, Garhwa in connection with Garhwa P.S. Case No. 540 of 2024 subject to the condition that the petitioners will not annoy or disturb the informant or the members of his party 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 482 (2) of BNSS, 2023. (ANIL KUMAR CHOUDHARY, J.) Smita/-