Neutral Citation No. ( 2026:JHHC:4707 ) 1 IN THE HIGH COURT OF JHARKHAND AT RANCHI B.A. No. 10321 of 2025 ---------- Sushil Kumar Tiwary @ Chhotu Tiwari ..… Petitioner Versus State of Jharkhand ….. Respondents ---------- CORAM: HON'BLE MR. JUSTICE SANJAY PRASAD ---------- For the Appellant : Mr. Sabyasanchi, Advocate For the State : Mr. Shiv Shankar Kumar, A.P.P. ---------- 03/16.02.2026 The present bail application has been filed on behalf of the petitioner for grant of regular bail, who is in custody in connection with Garhwa P.S. Case No. 230 of 2025 instituted for the offences under Sections 308(4), 109(1) and 3(5) of B.N.S. now pending in the Court of learned Chief Judicial Magistrate, Garhwa. 2. As per F.I.R., the petitioner is alleged to have come to the house of the Informant in the night of 15.05.2025, at about 11.58 P.M., and had demanded Rs.50,000/- and on refusal by the Informant he fired Two rounds upon him and fled away. 3. Heard Mr. Sabyasanchi, learned counsel for the petitioner and Mr. Shiv Shankar Kumar, learned A.P.P. 4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. It is submitted that the petitioner has been falsely implicated in this case. It is submitted that the Informant has failed to give details of the footage of C.C.T.V., which is located in the hotel near the house of the Informant. It is submitted that apart from the Informant and his wife, there is no eye witness of the occurrence. It is submitted that the other witnesses, namely Raju Keshri, Rishi Neutral Citation No. ( 2026:JHHC:4707 ) 2 Yadav, whose statements have been recorded in Para 9 and 10 of the Case Diary are hearsay witnesses. It is submitted that though the State has shown that the petitioner has Six (06) criminal antecedents, but in Three (03) out of said Six (06) cases, the petitioner has been acquitted and in the other three cases are still pending, in which the petitioner is on bail. It is submitted that the other co-accused persons, namely Deepak Tiwari, Ritesh Ranjan and Ravi Kumar have been granted bail by the learned Court below. It is submitted that the petitioner is in custody since 25.05.2025. 5. Learned A.P.P. has opposed the prayer for bail. It is submitted that the petitioner is named in the F.I.R. along with other co-accused persons. It is submitted that the Para 35 of the Case Diary is the confessional statement of the appellant, in which he has confessed his guilt. It is submitted that there are Six (06) Criminal Antecedents against the appellant. 6. Perused the F.I.R. and Case Diary and considered the submissions of both sides. 7. It appears that petitioner has Six (06) criminal antecedents, however learned counsel for the petitioner has filed two judgments, i.e. judgment dated 05.04.2025 passed in S.T. No. 109 of 2020 by the learned Sessions Judge, Garhwa and judgment dated 10.06.2022, passed in POCSO Case No. 76 of 2021, by Sri Bimlesh Kumar Sahay, Special Judge, POCSO, Garhwa, in which acquittals of the petitioner have been shown. 8. It appears from the statement of Pinki Kumari, i.e. wife of the Informant that accused persons had covered their faces by clothes. Neutral Citation No. ( 2026:JHHC:4707 ) 3 9. Considering the custody of the petitioner and on the facts and in the circumstances of this case, petitioner, namely Sushil Kumar Tiwary @ Chhotu Tiwari is directed to be released on bail, on furnishing bail bonds of Rs.15,000/- (Rupees Fifteen thousand) with two sureties of the like amount each in connection with Garhwa P.S. Case No. 230 of 2025, to the satisfaction of the learned Chief Judicial Magistrate, Garhwa, subject to the condition that one of the bailors must be own relative of the petitioner and the other bailor must have movable/immovable property in his/her specific name and also on the condition that the petitioner will submit his Adhar Card, PAN Card and Mobile Number before the learned Court below, which he will always keep active and will not change during pendency of this case and will not leave the jurisdiction of the Court and also subject to the condition that the petitioner will not indulge in such type of crime in future, failing which the prosecution will be at liberty to take steps for cancellation of his bail. 10. Thus, this B.A. No. 10321 of 2025 is allowed. (Sanjay Prasad, J.) s.m. Dated 16.02.2026