Arvind Tiwary Alias Arvind Kumar Vs the State of Jharkhansd — Jharkhand HC (2024) — LawSathi Research

Arvind Tiwary Alias Arvind Kumar Vs the State of Jharkhansd — Jharkhand HC (2024) — LawSathi Research

What the court decided

AI extract

Outcome

Release of petitioner on bail upon furnishing a bail bond of Rs. 25,000/- (Rupees Twenty-Five Thousand) with two sureties of like amount, to the satisfaction of the court concerned, in Barhi (Padma) P.S. Case No.525 of 2023.

Issue for consideration

Whether petitioner Arvind Tiwary @ Arvind Kumar, implicated in Barhi (Padma) P.S. Case No.525 of 2023 registered under Section 395 of the Indian Penal Code and pending before learned J.M.F.C., Hazaribag, should be released on bail.

Court's answer

Bail application allowed; petitioner to be released on bail in connection with Barhi (Padma) P.S. Case No.525 of 2023.

Ratio / Principle

Bail granted on the strength of: apprehension of the petitioner on the very date of occurrence, his disclosure having brought the names of co-accused into the FIR, and the admitted absence of any TIP and of any incriminating article recovered from his possession during investigation.

Detailed headnote1 paragraphs

BAIL GRANTED — Criminal bail application in a Section 395 IPC (robbery) case. Petitioner Arvind Tiwary @ Arvind Kumar (aged about 29 years), son of Late Khirodhar Sharma, of Village Nawadih Khurd, P.O. & P.S. Padma O.P., District Hazaribag, sought bail in respect of Barhi (Padma) P.S. Case No.525 of 2023, registered under Section 395 of the Indian Penal Code and pending before learned J.M.F.C., Hazaribag. The FIR named four accused including the petitioner and two unknown persons. Per the FIR allegations, on 09.11.2023 the informant and companions were attacked while returning from Bhadrakali Temple; mobile phones and Rs.8000/- were taken from the petitioner's possession and phones from the other victims. The petitioner was apprehended by police on the very date of occurrence, and his disclosure caused the names of co-accused to figure in the FIR. Admittedly, no TIP was conducted and no incriminating article was recovered from his possession during investigation. On these considerations, Hon'ble Mr. Justice Subhash Chand allowed the bail application (Order No.09, dated 13 August 2024): petitioner to be released on furnishing a bail bond of Rs. 25,000/- (Rupees Twenty-Five Thousand) with two sureties of like amount, to the satisfaction of the court concerned.

IN THE HIGH COURT OF JHARKHAND AT RANCHI

B.A. No. 2310 of 2024

Arvind Tiwary @ Arvind Kumar, aged about 29 years, son of Late Khirodhar Sharma, R/o Village Nawadih Khurd, P.O. & P.S. Padma O.P., District Hazaribag (Jharkhand)

...... Petitioner

Versus

The State of Jharkhand …. …. Opp. Party

CORAM : HON’BLE MR. JUSTICE SUBHASH CHAND

------For the Petitioner : Md. Sajid Yunus, Advocate For the State : Mr. Sudhir Kumar Mahto, APP

-------- Order No.09 /Dated: 13^th August, 2024

Heard learned counsel for the petitioner and learned APP for the State.

This bail application has been filed on behalf of the abovenamed petitioner with prayer to release on bail in connection with Barhi (Padma) P.S. Case No.525 of 2023 registered under section 395 of the Indian Penal Code, pending in the court of learned J.M.F.C., Hazaribag.

The FIR of this case was lodged against four named accused persons including the petitioner and two unknown persons wherein the allegations are made that on 09.11.2023, the informant along with Santosh Kumar, Pawan Kumar, Deepak Prakash and Anu Kumar Paswan had gone by two motorcycles to visit Bhadrakali Temple, while returning from there, Anu Paswan told to stop the vehicle as he has to respond to call of nature, at the same time, six miscreants came and began to beat them. From the possession of the petitioner one mobile phone and Rs.8000/- while from the possession of Deepak Prakash one Samsung Mobile phone, from the possession of Santosh Kumar one Lava Company mobile phone and from the possession of Pawan Kumar one Redmi company mobile phone were looted and thereafter, also fled away. They chased the accused persons saw the police at Itkhori more and two persons began to flee away and one was apprehended who was identified as Arvind Tiwari and he told the name of the other accused whose name figured in the FIR.

As per the allegations made in the FIR, the present petitioner was apprehended on the very date of occurrence from some distance by the police, on whose disclosure, name of other co-accused persons figured in the FIR. Admittedly, during investigation no TIP was conducted and no incriminating article was recovered from the possession of the present petitioner.

In view of the above, the bail application of the petitioner is hereby allowed. Let the petitioner be released on bail on furnishing bail bond of Rs. 25,000/- (Rupees Twenty-Five thousand) with two sureties of like amount to the satisfaction of the court concerned in the aforesaid case.

(Subhash Chand, J.)

Madhav/-