Tannu Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30231 of 2021 Arising Out of PS. Case No.-169 Year-2020 Thana- PATEPUR District- Vaishali ====================================================== TANNU SAH Son of Md. Harun Sah Resident of Village- Taknari, P.S.- Patepur, District- Vaishali. ... Petitioner

Versus

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

For the Petitioner :

Mr.Md. Soban Asghar, Advocate For the Opposite Party :

Mr. Rajendra Singh, Addl Public Prosecutor ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 02-09-2021 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in Patepur P.S. Case No. 169 of 2020, registered for the offence punishable under Sections 399, 402, 411, 412, 414, 420/34 of the Indian Penal Code, section 25(1-b)a, 26 and 35 of the Arms Act and section 20(B) (ii)/(B), 25 and 29 of the NDPS Act.

It is submitted on behalf of the petitioner that from perusal of the FIR it is evident that on search no incriminating material has been recovered from the conscious possession of the petitioner rather Charas, arms etc. have been recovered from the possession of other accused persons. Petitioner is in custody since 10.08.2020. Similarly situated co-accused has already been allowed bail by a co-ordinate bench of this Court vide order dated 15.6.2021, passed in Cr.Misc.No. 40373/2020. Petitioner is in custody since 10.8.2020. Charge sheet has already been submitted.

Considering the facts and circumstances of the case, let

Patna High Court CR. MISC. No.30231 of 2021(3) dt.02-09-2021 2/2 the petitioner, mentioned above, be enlarged on bail on furnishing bail bond of Rs.10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Vaishali at Hajipur in connection with Patepur P.S. Case No. 169 of 2020 on the following conditions:-

(1) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and on his/her absence on two consecutive dates without sufficient reason, his/her bail bond shall be cancelled by the Court below.

(2) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

(Prabhat Kumar Singh, J) shashi/- U T