Tariq Anwar @ Chittu @ Chintu v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25649 of 2021 Arising Out of PS. Case No.-383 Year-2020 Thana- MOTIHARI TOWN District- East Champaran ====================================================== Tariq Anwar @ Chittu @ Chintu, Son of Motiur Rahman Resident of Village - Agrawa Gali No.4, P.S.- Town, Distt.- East Champaran. ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Abhishek Kumar, Adv.

For the Opposite Party/s :

Mr. Ganesh Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 01-12-2021 Heard learned counsel appearing on behalf of the petitioner and learned APP for the State.

Let the defect(s) be removed within two weeks of the complete start of the physical Court in normal course. Petitioner who is in custody since 07.07.2020 seeks regular bail in connection with Town P.S. Case No.383 of 2020 registered for offence punishable under Sections 399, 402 of the Indian Penal Code and Sections 25(1-B) a, 26, 35 of Arms Act. Prosecution case in brief, is that police team had gone to Zila School Stadium Campus, Motihari after getting information that some miscreants has assembled there to do some illegal act. Upon search one country-made pistol, namely, fighter (Badhnoya) recovered from the possession of the petitioner along with a redmi mobile phone having Sim

Patna High Court CR. MISC. No.25649 of 2021(2) dt.01-12-2021 2/3 No.7667684968.

Learned counsel appearing on behalf of the petitioner submits that one co-accused, namely, Bikki Kumar @ Babua from whose possession also firearm was recovered has already been enlarged on bail vide order dated 26.10.2021 passed in Cr. Misc. No.18236 of 2021. Learned counsel appearing on behalf of the petitioner further submits the recovery is denied and disputed. It has further been submitted that there are two cases against the petitioner but, he is on bail in all those cases and he has been made specific statement in paragraph-3 of the application in this regard.

Learned APP has opposed the prayer for bail.

Having considered the rival submissions and from perusal of the seizure list as well as the period of custody of the petitioner and also taking into consideration the fact that coaccused has already been released on bail. The court below is directed to verify the antecedent of the petitioner as to whether any other case is pending against him as what has been referred and upon being satisfied, the petitioner, above named, be released on bail on furnishing bail bond of Rs.25,000/-(Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, East

Patna High Court CR. MISC. No.25649 of 2021(2) dt.01-12-2021 3/3 Champaran at Motihari in connection with Town P.S. Case No.383 of 2020, subject to the following conditions:-

(1) Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court.

(3) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner. (Purnendu Singh, J) Prakash Narayan /- U T