Kunal Tiwari vs The State Of Jharkhand ….. … … on 25 August, 2025

Jharkhand High Court

Kunal Tiwari vs The State Of Jharkhand ….. … … on 25 August, 2025

Author: Sanjay Kumar Dwivedi

Bench: Sanjay Kumar Dwivedi

                                                 ( 2025:JHHC:25062 )




IN THE HIGH COURT OF JHARKHAND AT RANCHI
               A. B. A. No. 4671 of 2025

Kunal Tiwari, aged about 29 years, son of Bishwanath Tiwari, resident of
Near Bari Shitla Mandir, Banpar Tola, P.O. and P.S. Sahebganj, District-
Sahebganj
                                           ...... ... Petitioner
                            Versus
The State of Jharkhand                                ..... ...     Opposite Party
                         --------

CORAM: HON’BLE MR. JUSTICE SANJAY KUMAR DWIVEDI
For the Petitioner :Mr. Rohan Mazumdar, Advocate
For the State : Mr. Pankaj Kumar Mishra, A.P.P.

02/ 25.08.2025: Heard learned counsel for the petitioner and learned

counsel for the State.

2. The petitioner is apprehending his arrest in connection with

Borio P.S. Case No. 17 of 2021, registered under sections 414, 467, 468,

471, 34 of the I.P.C, under section 41, 42 and 52 of the Indian Forest Act,

pending in the Court of learned Judicial Magistrate Ist Class, Sahibganj.

3. Learned counsel for the petitioner submits that petitioner is

neither driver nor owner of the vehicle in question and allegation is made

that 25 tonnes of coal was loaded on the said tractor. He submits that the

name of the petitioner has come in the confessional statement of the

apprehended accused persons and co-accused has been granted anticipatory

bail in A.B.A. No. 9178 of 2021. On these grounds, he submits that the

petitioner may kindly be provided privilege of anticipatory bail.

4. Learned counsel for the State opposes the prayer and submits

that illegally coal was loaded on the said vehicle.

5. Considering that the name of the petitioner has come in the

confessional statement of the apprehended accused persons and it has been

pointed out by the learned counsel for the petitioner that petitioner is neither

driver nor owner of the vehicle in question and co-accused has been
( 2025:JHHC:25062 )

granted anticipatory bail in the aforesaid A.B.A, I am inclined to grant

anticipatory bail to the petitioner. Accordingly, the above named, petitioner is

directed to surrender before the learned court within three weeks from

today and in the event of his surrender / arrest, the petitioner shall be

released on bail, on furnishing bail bonds of Rs. 25,000/- (twenty five

thousand) with two sureties of the like amount each, to the satisfaction of

learned Judicial Magistrate Ist Class, Sahibganj, in connection with Borio

P.S. Case No. 17 of 2021, subject to conditions as laid down under Section

482 (2) of B.N.S.S, 2023.

( Sanjay Kumar Dwivedi, J.)
satyarthi-