Arun Kumar Tiwari Alias Arun Tiwari Vs the State of… — Anticipatory Bail | Jharkhand HC (2025)

Arun Kumar Tiwari Alias Arun Tiwari Vs the State of… — Anticipatory Bail | Jharkhand HC (2025)

What the court decided

AI extract

Outcome

Anticipatory bail privileges granted to both petitioners with direction to surrender before the Court below within six weeks; on arrest or surrender, enlargement on bail on cash security of Rs.10,000/- each and bail bond of Rs.25,000/- each with two like sureties to the satisfaction of learned C.J.M., Garhwa, subject to investigation-co-operation, mobile-number/Aadhaar and non-contact conditions and further conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

Issue for consideration

Whether the petitioners, apprehending their arrest in connection with Garhwa P.S. Case No.609 of 2024, should be granted the privileges of anticipatory bail.

Court's answer

Privileges of anticipatory bail granted to both petitioners: they are directed to surrender in the Court below within six weeks and, in the event of arrest or surrender, to be enlarged on bail on depositing Rs.10,000/- each as cash security and furnishing bail bond of Rs.25,000/- each with two sureties of the like amount each to the satisfaction of learned C.J.M., Garhwa in connection with Garhwa P.S. Case No.609 of 2024, subject to conditions that they co-operate with the investigation and appear before the investigating officer as and when noticed, furnish their mobile numbers and photocopy of Aadhar Cards with an undertaking not to change their mobile numbers during pendency, not annoy or disturb the informant or any of his family members during pendency, and such further conditions as laid down under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

Detailed headnote1 paragraphs

Anticipatory bail granted (A.B.A. No.190 of 2025, High Court of Jharkhand at Ranchi, Order No.02 dated 21/01/2025, Anil Kumar Choudhary, J.). Petitioners Arun Kumar Tiwari @ Arun Tiwari (aged about 62) and Vikesh Kumar Tiwary @ Bikesh Kumar Tiwari (aged about 35), apprehending arrest in Garhwa P.S. Case No.609 of 2024 instituted under Sections 191(2), 191(3), 190, 126(2), 127(2), 115(2), 118(1), 109, 303(2), 352, 351(2), 351(3), 324(4) of the B.N.S., 2023 and Section 27 of Arms Act — wherein they are alleged, as members of an unlawful assembly acting in prosecution of its common object, to have murdered informant Narad Tiwari by firing upon him and damaged his car; defence pleaded false implication due to political rivalry, petitioner no.1 being the ExMukhiya and the informant the present Mukhiya of village Karua — were held entitled to the privileges of anticipatory bail. Directions: surrender in the Court below within six weeks; on arrest or surrender, enlargement on depositing Rs.10,000/- each as cash security and bail bond of Rs.25,000/- each with two sureties of the like amount each to the satisfaction of learned C.J.M., Garhwa; conditions: co-operation with investigation and appearance before the investigating officer as and when noticed, furnishing mobile numbers and photocopy of Aadhar Cards with an undertaking not to change mobile numbers during pendency, and no annoyance or disturbance to the informant or his family members during pendency, besides further conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No.190 of 2025

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Arun Kumar Tiwari @ Arun Tiwari aged about 62 years, Son of Sri Ram Das Tiwari.

Vikesh Kumar Tiwary @ Bikesh Kumar Tiwari aged about 35 years, son of Arun Kumar Tiwary, both resident of village Karua Kalan, P.O. Dumariya, P.S.-Garhwa, District:-Garhwa.

.... .... …. Petitioners

Versus

The State of Jharkhand .... .... .... Opposite Party

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CORAM : HON'BLE MR. JUSTICE ANIL KUMAR CHOUDHARY

For the Petitioners : Mr. Ravi Prakash, Advocate : Mr. Nand Lal Tiwary, Advocate For the State : Mr. Shailendra Kr. Tiwari, Addl.P.P.

Order No.02 Dated- 21/01/2025

Heard the parties.

Apprehending their arrest in connection with Garhwa P.S. Case No.609 of 2024 instituted under Sections 191 (2), 191 (3), 190, 126 (2), 127(2), 115 (2), 118 (1), 109, 303 (2), 352, 351 (2) 351 (3) and 324(4) of the B.N.S., 2023 and under Section 27 of Arms Act, the petitioners have moved this Court for grant of privileges of anticipatory bail.

Learned counsel appearing for the petitioners submits that the allegation against the petitioners is that the petitioners were members of an unlawful assembly and in prosecution of the common object of the assembly murdered the informant Narad Tiwari by firing upon the informant and damaged his car. It is submitted that the allegation against the petitioners is false. It is next submitted that the allegation of firing is upon Saurav Tiwari and Sailesh Tiwari. It is next submitted that due to political rivalry, this false case has been foisted. It is next submitted that the petitioner no.1 was the ExMukhiya and the informant is the present Mukhiya of village Karua. It is also submitted that the petitioners undertake that they will not annoy or disturb the informant or any of his family members in any manner during the pendency of the case. It is lastly submitted that the petitioners undertake to co-operate with the investigation of the case and to furnish sufficient security including cash security. Hence, it is submitted that the petitioners be given

the privileges of anticipatory bail.

Learned Addl. P.P appearing for the State opposes the prayer for anticipatory bail of the petitioners.

Considering the submissions of learned counsels and the facts and circumstances stated above, I am inclined to grant privileges of anticipatory bail to the petitioners. Accordingly, the petitioners are directed to surrender in the Court below within six weeks from today and in the event of their arrest or surrendering, they will be enlarged on bail on depositing Rs.10,000/- each as cash security and on furnishing bail bond of Rs.25,000/- (Twenty five thousand) each with two sureties of the like amount each to the satisfaction of learned C.J.M., Garhwa in connection with Garhwa P.S. Case No.609 of 2024 with the condition that they will co-operate with the investigation of the case and appear before the investigating officer as and when noticed by him and furnish their mobile numbers and photocopy of the Aadhar Cards with an undertaking that they will not change their mobile numbers during the pendency of the case and they will not annoy or disturb the informant or any of his family members in any manner during the pendency of the case and further conditions as laid down under Section 482 (2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

(Anil Kumar Choudhary, J . )

Abhiraj/