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2025 DAILYLAW 3546 (JHR)

PRIYARANJAN KUMAR TIWARI v. THE STATE OF JHARKHAND

A.B.A./562/2025 · 2025-01-27

Anil Kumar Choudhary

body2025

Judgment text

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IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No.562 of 2025 ------ Priyaranjan Kumar Tiwari age 29 years old son of Brinda Tiwari, resident of village Karua Kala, P.O. Dumariya, P.S. Garhwa, District Garhwa. .... .... …. Petitioner Versus The State of Jharkhand .... .... .... Opposite Party ------ CORAM : HON'BLE MR. JUSTICE ANIL KUMAR CHOUDHARY ------ For the Petitioner : Mr. Sabyasanchi, Advocate For the State : Mr. Saket Kumar, Addl.P.P. ------ Order No.02 Dated-27-01-2025 Heard the parties. Apprehending his 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 petitioner submits that the allegation against the petitioner is that the petitioner was member of an unlawful assembly and in prosecution of the common object of the assembly murdered the informant Narad Tiwari by firing upon him and damaged his car. It is submitted that the allegation against the petitioner is false. It is next submitted that the allegation of firing is upon Saurabh Tiwari and Shailesh Tiwari. It is next submitted that due to political rivalry, this false case has been foisted against the petitioner. 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 passed in A.B.A. No.267 of 2025. It is further submitted that the petitioner undertakes that he 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 petitioner undertakes to co-operate with the investigation of the case and to furnish sufficient security including cash security. Hence, it is submitted that the petitioner be given the privileges of anticipatory bail. Learned Addl.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 petitioner. Accordingly, the petitioner is directed to surrender in the Court below within six weeks from today and in the event of his arrest or surrendering, he will be enlarged on bail on depositing Rs.10,000/- as cash security and on furnishing bail bond of Rs.25,000/- (Twenty five thousand) 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 he will co-operate with the investigation of the case and appear before the investigating officer as and when noticed by him and furnish his mobile numbers and photocopy of the Aadhar Cards with an undertaking that he will not change his mobile numbers during the pendency of the case and he 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.) Animesh/