Tabrej Khan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.56093 of 2021 Arising Out of PS. Case No.-132 Year-2021 Thana- AANDAR District- Siwan ====================================================== Tabrej Khan Son of Rabimuddin Khan Resident of Village- Shaikhpura, P.S.- M.H.Nagar, District- Siwan.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ramadhar Shekhar, Advocate.

For the Opposite Party/s :

Mr. Yogendra Kumar Singh, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 01-04-2022 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State through video conferencing.

The present application has been filed on behalf of the petitioner, above named, for grant of regular bail to the petitioner who has been made accused and put behind the bars in connection with Andar (M. H. Nagar) P. S. Case No. 132 of 2021 registered for the offences punishable under Sections 379 and 402 of the Indian Penal Code and Sections 25 (1-b)a/26/35 of the Arms Act and Section 3/4 of the Explosive Substance Act. The prosecution case is that on a secret information, the Police raided the house of one Sanoj Patel from where all the accused persons were apprehended and arms & bombs were also recovered from there.

Patna High Court CR. MISC. No.56093 of 2021(2) dt.01-04-2022 2/3 It has been submitted by the learned counsel for the petitioner that though, the petitioner was apprehended in the house of Sanoj Patel but from his possession nothing has been recovered. There is no criminal antecedent against the petitioner. He is in custody since 27.07.2021.

On the other hand, learned APP for the State opposes the prayer for bail of the petitioner.

Having considered the fact that nothing has been recovered from the possession of this petitioner and the alleged recovery has been made from the house of Sanoj Patel, let this petitioner, above named, be released on bail on furnishing bail bonds of Rs. 20,000/- (Rupees twenty thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-IV, Siwan in connection with Andar (M. H. Nagar) P. S. Case No. 132 of 2021, subject to the following conditions:

(a) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court below and shall remain physically present as directed by the Court below and in case of his absence on two consecutive dates without cogent reason, his bail bonds shall be cancelled by the Court below.

Patna High Court CR. MISC. No.56093 of 2021(2) dt.01-04-2022 3/3 (b) 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.

(Harish Kumar, J) shakir/- U T