Upendra Prasad Tatava @ Upendra Tatwa @ Upendar Tatwa v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.74830 of 2025 Arising Out of PS. Case No.-29 Year-2024 Thana- BIHIA District- Bhojpur ====================================================== 1.

UPENDRA PRASAD TATAVA @ UPENDRA TATWA @ UPENDAR TATWA S/O BARMESHWAR PRASAD TATWA @ BARMESHWAR PRASAD TATAVA R/o vill- Teghara, P.s- Bihiya, Distt.- Bhojpur 2.

Birendra Prasad Tatava @ Birendra Tatwa @ Birendar Tatwa S/o Barmeshwar Prasad Tatwa @ Barmeshwar Prasad Tatava R/o vill- Teghara, P.s- Bihiya, Distt.- Bhojpur ... ... Petitioner/s

Versus

1.

The State of Bihar Bihar 2.

THE STATE OF BIHAR PATNA ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Nafisu Zzoha, Adv.

For the State :

Mr.Anuj Kumar Shrivastava, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 31-10-2025 Heard the learned counsel for the petitioners as well as the learned APP for the State.

2. This is an application for grant of regular bail on behalf of the above named accused in connection with Bihiya P.S. Case No. 29/24 for the alleged offence punishable under Section 8(c), 21(b), 29 NDPS Act, 1985.

3. Learned counsel for the petitioners has submitted that though earlier, the bail petition of the petitioners was rejected by this Court vide order dated 29.01.2025 in Cr. Misc. No. 71822 of 2024 but he is renewing the prayer for bail on the

Patna High Court CR. MISC. No.74830 of 2025(2) dt.31-10-2025 2/2 ground of their prolonged incarceration i.e. more than one year and eight months. His further submission is that the alleged contraband, recovered from the possessions of the petitioners, is much less than the commercial quantity. He has also submitted that petitioners are not involved in any other case of similar nature.

4. Considering the above-mentioned facts and circumstances as well as period of incarceration, let the petitioners above-named be released on bail on furnishing bail bonds of Rs.10,000/- each with two sureties of the like amount each to the satisfaction of learned Additional Sessions JudgeXVII, Bhojpur, Ara (Bihar) in connection with Bihiya P.S. Case No. 29/24, subject to the condition that the petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court.

5. The petitioners shall physically present before the learned court below on each and every date till framing of the charges.

(Nawneet Kumar Pandey, J) kundan/- U T