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2025 DAILYLAW 7640 (JHR)

SATENDRA TIWARI ALIAS SATYENDRA KUMAR TIWARI v. THE STATE OF JHARKHAND

A.B.A./1736/2025 · 2025-03-18

Anil Kumar Choudhary

body2025

Judgment text

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IN THE HIGH COURT OF JHARKHAND AT RANCHI ABA No. 1736 of 2025 Satendra Tiwari @ Satyendra Kumar Tiwari, aged about 39 years son of Rajeshwar Tiwari, resident of Ward No.8, village Hoor, P.O. Hoor, P.S. Garhwa, District Garhwa. … Petitioner Versus The State of Jharkhand … opp. party Coram: HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY For the Petitioner : Ms. Tanu Kumari , Adv. For the State : Mr. Sanjay Kr. Srivastava , Addl.. PP 02 / 18.03.2025 Heard the parties. Apprehending his arrest, the petitioner has moved this Court for grant of privilege of anticipatory bail in connection with Garhwa P.S. Case No. 696 of 2024 registered for the offences punishable under Sections 191(2), 126(2), 115(2), 121(1), 132, 221 and 224 of Bharatiya Nyaya Sanhita, 2023. 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, threw files of the informant kept on his table, tore them and manhandled him and criminally intimidated him. It is then submitted that the allegations against the petitioner are all false and those allegations are general and omnibus in nature. It is next submitted that there is no allegation against the petitioner of having any intention to deceive anybody. It is further submitted by learned counsel for the petitioner that the petitioner has no criminal antecedent, as mentioned in paragraph 15 of the anticipatory bail application. It is next submitted that the petitioner is ready to co-operate with the investigation of the case and also undertakes to furnish sufficient security including cash security and he undertakes neither to go to place of occurrence nor to annoy or disturb the informant in any manner during pendency of the case, hence, the petitioner 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 petitioner. Hence, in the event of arrest by the police or surrender within a period of six weeks from the date of this order, the petitioner shall be released on bail on depositing Rs. 10,000/- as cash security and on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned CJM, Garhwa in connection with Garhwa P.S. Case No. 696 of 2024 subject to the condition that the petitioner will neither go to place of occurrence nor will annoy or disturb the informant 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/-