DINBANDHU KUMAR TIWARI @ RISHIKESH TIWARI v. THE STATE OF JHARKHAND
A.B.A./4791/2025 · 2025-10-06
Sanjay Kumar Dwivedi
body2025
DailyLaw.ai
[ 2025 DAILYLAW 34893 (JHR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 34893 (JHR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
1 A.B.A. No. 4791 of 2025
2025:JHHC:30859 IN THE HIGH COURT OF JHARKHAND, RANCHI
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A.B.A. No. 4791 of 2025
---- Dinbandhu Kumar Tiwari @ Rishikesh Tiwari aged about 27 years son of Rangnath Tiwari, resident of Village Jigni, PO Tilai, PS Sanjhawali, District Rohtas, Bihar
.... Petitioner -- Versus --
The State of Jharkhand
.... Opposite Party
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CORAM: HON’BLE MR. JUSTICE SANJAY KUMAR DWIVEDI
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For the Petitioner
:- Mr. Ravi Prakash, Advocate
For the State
:- Mr. B.N. Ojha, Advocate
---- 2/06.10.2025 Heard learned counsels for petitioner and for State.
2.
The petitioner is apprehending his arrest in connection with T.Tanger PS Case No.38 of 2025, for offence registered under section 20(b)(ii)(c)/22(c)/27 of N.D.P.S. Act, pending in court of learned Sessions Judge Cum Special Judge (NDPS) Simdega.
3.
Learned counsel for petitioner submits that petitioner is not named in the FIR and one Sudhir Kumar has taken the name of the petitioner as well as of Vijay Sahu who is owner of the car. He further submits that allegation is made that from the car 126.4 kg ganja was recovered. He also submits that in the case diary nothing has come against the petitioner.
4. Learned State counsel opposes prayer and submits that name of petitioner has been taken by two persons however he is not disputing the fact that nothing has been recovered from the possession of the petitioner.
5. A counter affidavit has been filed pursuant to the last order of this Court by the respondent State wherein at para 9 it is stated that Sudhir Kumar and Vijay Sahu in their respective confessional statement as recorded in para 55 and 112 of the case diary, by pleading their guilt have stated in
2 A.B.A. No. 4791 of 2025
support of the prosecution story by accepting their involvement in the alleged occurrence and they have taken name of the petitioner and allegation of escaping from the car is not against the petitioner and that is against two of the accused persons which is disclosed in the counter affidavit, I am inclined to grant anticipatory bail to petitioner.
6. Accordingly, petitioner, above named, is hereby directed to surrender before learned court within three weeks from today, and in event of his surrender/arrest, petitioner, above named, shall be released on bail, on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand), with two sureties of like amount each, to satisfaction of learned Sessions Judge Cum Special Judge (NDPS) Simdega, in connection with T.Tanger PS Case No.38 of 2025, subject to the conditions as laid down under section 482(2) of Bhartiya Nagrik Suraksha Sanhita (BNSS), 2023.
( Sanjay Kumar Dwivedi, J.) 06.10.2025 SI/