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2025 DAILYLAW 3427 (JHR)

SHAILESH KUMAR TIWARI v. THE STATE OF JHARKHAND

A.B.A./617/2025 · 2025-01-29

Anil Kumar Choudhary

body2025

Judgment text

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IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No. 617 of 2025 ------ 1. Shailesh Kumar Tiwari, age 40 years old, son of Sachinand Tiwary 2. Hemant Kumar Tiwari, age 32 years old, son of Late Jitendra Tiwary 3. Abhishek Tiwari @ Abhishek Kumar Tiwari, age 30 years old, son of Yogendra Kumar Tiwary 4. Abhishek Kumar Tiwari @ Animesh Kumar Tiwary, age 35 years old, son of Birendra Tiwary 5. Hariom Tiwari, age 29 years old, son of Devendra Tiwary All are residents of village Karua Kala, P.O. Dumariya, P.S. – Garhwa, District –Garhwa … Petitioners Versus State of Jharkhand … Opposite Party ------ CORAM: HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY ------ For the Petitioners : Mr. Sabyasanchi, Advocate For the State : Mr. Bhola Nath Ojha, Spl. P.P. ------ Order No.04 Dated- 29.01.2025 Heard the parties. Apprehending their arrest in connection with Garhwa P.S. Case No.609 of 2024 instituted under Sections 191(2), 191(3), 190, 126(2), 127(2), 115(2), 118(1), 109, 352, 351(2), 303(2), 324(4) of the B.N.S., 2023 and Section 27 of the Arms Act, the petitioner has moved this Court for grant of privileges of anticipatory bail. Learned counsel appearing for the petitioners submits that the allegation against the petitioners is that the petitioners were members of an unlawful assembly and in prosecution of the common object of the assembly committed murder of the informant Narad Tiwari by firing upon him and damaged his car. It is submitted that the allegation against the petitioners is false. It is next submitted that due to political rivalry, this false case has been foisted against the petitioners. It is further submitted that the co- accused persons, with similar allegations, have already been given the privileges of anticipatory bail by this Court vide order dated 22- 01-2025 and 27.01.2025 passed in A.B.A. Nos.267 of 2025 and 562 of 2025 respectively. It is further submitted that the petitioners undertake that they will not annoy or disturb the informant or any of his family members in any manner during the pendency of the case. It is lastly submitted that the petitioners undertake to co- operate with the investigation of the case and to furnish sufficient security including cash security. Hence, it is submitted that the petitioners be given the privileges of anticipatory bail. Learned Spl.P.P. appearing for the State opposes the prayer for anticipatory bail of the petitioner. Considering the submissions of learned counsels and the facts and circumstances stated above, I am inclined to grant privileges of anticipatory bail to the petitioners. Accordingly, the petitioners are directed to surrender in the Court below within six weeks from today and in the event of their arrest or surrendering, they will be enlarged on bail on depositing Rs.10,000/- each as cash security and on furnishing bail bond of Rs.25,000/- (Twenty five thousand) each with two sureties of the like amount each to the satisfaction of learned C.J.M, Garhwa in connection with Garhwa P.S. Case No.609 of 2024 with the condition that they will co-operate with the investigation of the case and appear before the investigating officer as and when noticed by him and furnish their mobile numbers and photocopy of the Aadhar Cards with an undertaking that they will not change their mobile numbers during the pendency of the case and they will not annoy or disturb the informant or any of his family members in any manner during the pendency of the case and further conditions as laid down under Section 482 (2) of the Bharatiya Nagarik Suraksha Sanhita, 2023. (Anil Kumar Choudhary, J.) Sonu/Gunjan-