Research › Search › Judgment

High Court of Jharkhand · body

2025 DAILYLAW 36327 (JHR)

SUBHASH TIWARI @ SUBHASH SANDIL TIWARI v. THE STATE OF JHARKHAND

A.B.A./6428/2025 · 2025-11-13

Sanjay Kumar Dwivedi

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

( 2025:JHHC:33899 ) -1- A.B.A. No. 6428 of 2025 IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No. 6428 of 2025 Subhash Tiwari @ Subhash Sandil Tiwari, aged about 35 years, S/o Murlidhar Tiwari, R/o A7, Jaiprabha Nagar, Road No.2, Near Markham College, Barkagaon Road, Hazaribag, P.O. & P.S. Hazaribagh, Dist. Hazaribag … Petitioner -Versus- The State of Jharkhand … Opposite Party ----- CORAM: HON’BLE MR. JUSTICE SANJAY KUMAR DWIVEDI ----- For the Petitioner : Mrs. Rashmi Lal, Advocate Ms. Shilpi, Advocate Mr. Abhijeet Suman, Advocate For the State : Mr. Anup Pawan Topno, A.P.P. ----- 03/13.11.2025 Heard learned counsel appearing for the petitioner and learned counsel appearing for the State. 2. The petitioner is apprehending his arrest in connection with Hazaribagh Sadar (Bada Bazar O.P.) P.S. Case No.153/2025, registered for the offence under Sections 126(1)/115(2)/281/132/121(1)/121(2)/109(1)/352/351(2)/ 351(3)/3(5) of the BNS, pending in the Court of the learned C.J.M., Hazaribagh. 3. Learned counsel appearing for the petitioner submits that the brother of the petitioner was apprehended by the police and false allegation has been made against the petitioner that he has threatened the police officials. She further submits that at the time of alleged incident, the petitioner was at home and the only allegation is made against the petitioner that he has gone to the place of occurrence and threatened the police officials. She then submits that the petitioner has got no criminal antecedent, as disclosed in paragraph 10 of this application. She next submits that the learned C.J.M. has ordered for registration of the FIR and departmental proceeding against the ( 2025:JHHC:33899 ) -2- A.B.A. No. 6428 of 2025 police personnel in the same case. 4. Learned counsel appearing for the State opposed the prayer and submits that the allegation of beating the police officials is there against the petitioner. 5. Considering that a Creta car was being driven by the brother of the petitioner and he has been stopped and thereafter altercation took place between the police officials and the brother of the petitioner and further only allegation is there against the petitioner that he has gone to the spot and threatened the police officials and further considering that the petitioner has got no criminal antecedent and in the same case, the learned C.J.M. has directed to register the FIR and initiate departmental proceeding against the police personnel and in the attending facts and circumstances of the case, I am inclined to extend the privilege of anticipatory bail to the petitioner. 6. Accordingly, the above-named petitioner is directed to surrender before the learned Court within three weeks from today and in the event of his arrest or surrender, he will be enlarged on bail 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., Hazaribagh in connection with Hazaribagh Sadar (Bada Bazar O.P.) P.S. Case No.153/2025, subject to the conditions as laid down under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023. (Sanjay Kumar Dwivedi, J.) Dated: 13th November, 2025 Ajay/