Allowed

Arvind Tiwari v. the State of Jharkhand

Jharkhand HC13 Feb 2019A.B.A./196/2019

Case brief

AI extract

What is this about?

The High Court of Jharkhand granted anticipatory bail to Arvind Tiwari in a conspiracy and arms offense case where he was not initially named in the FIR. The court allowed bail upon surrender within four weeks subject to security deposit, cooperation with investigation, and providing mobile details.

What did the court decide?

Release on bail upon arrest or surrender within four weeks by depositing Rs. 5,000 and furnishing bond with two sureties of Rs. 25,000 each.

Arvind Tiwari Vs the State of Jharkhand — Anticipatory Bail | Jharkhand HC (2019)

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IN THE HIGH COURT OF JHARKHAND AT RANCHI

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A.B.A. No. 196 of 2019

Arvind Tiwari

… ... Petitioner

Versus

The State of Jharkhand … … Opposite Party --------

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CORAM: HON'BLE MR. JUSTICE ANIL KUMAR CHOUDHARY

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For the Petitioner : Mr. Sahil, Advocate For the State : Addl. P.P.

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Order No. 04: Dated: 13^th February, 2019

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Apprehending his arrest, the petitioner has moved this Court for grant of privilege of anticipatory bail in connection with Patratu Bhurkunda P.S. Case No. 259 of 2016 (G.R. No. 1056 of 2016) for the offence registered under Sections 115 r/w 120B of the Indian Penal Code and 25(1-a), 25(1-b), 26 and 35 of Arms Act.

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Heard the parties.

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Learned counsel for the petitioner submits that the petitioner is not named in the First Information Report. By drawing the attention of the Court at page 16 of the brief, it is submitted that the petitioner has been implicated in this case as in paragraph 108 of the case-diary it has been mentioned by the police that one motor cycle has been recovered from the place of the occurrence which belongs to the petitioner. It is further submitted that the allegation against the petitioner is false and co-accused had took the motorcycle of the petitioner as the co-accused is his neighbor and the petitioner is no way involved in the alleged offence. It is next submitted that the petitioner is ready and willing to cooperate with the investigation of the case and also willing to furnish sufficient security including cash security. Hence, it is submitted that the petitioner be given the privilege of anticipatory bail.

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The learned Addl. P.P. opposes the prayer for anticipatory bail.

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Considering the submissions of the counsels and the fact as discussed above, I am of the opinion that this is a fit case where the petitioner, named above, be given the privilege of anticipatory bail. Hence,

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in the event of his arrest or surrender within a period of four weeks from the date of this order, he shall be released on bail on depositing Rs. 5,000/- as cash security and furnishing bail bond of Rs. 25,000/- (Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1^st Class, Ramgarh in connection with Patratu Bhurkunda P.S. Case No. 259 of 2016 (G.R. No. 1056 of 2016) subject to the condition laid down under section 438 (2) Cr. P.C. with further conditions that:

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I. the petitioner will co-operate with the investigation of the case,

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II. the petitioner will appear before the Investigating Officer as and when noticed.

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III. the petitioner will furnish his mobile phone numbers and copy of Aadhar Card by way of filing affidavit in the court below and will undertake that he will not change his mobile phone numbers during the pendency of this case.

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If Investigating Officer requires mobile phone numbers of the petitioner, he can make appropriate prayer before the trial court and on such prayer being made the court below will provide mobile number of the petitioner to the Investigating Officer.

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(Anil Kumar Choudhary, J.)

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Arvind Tiwari v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

Arvind Tiwari v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

What the court decided

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