Sudhir Rai @ Gorakh Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25113 of 2023 Arising Out of PS. Case No.-3 Year-2018 Thana- GOVERNMENT OFFICIAL COMP. District- Vaishali ====================================================== SUDHIR RAI @ GORAKH RAI Son of Shiv Nandan Rai @ Shiv Nandan Singh Resident of village - Daudnagar, P.S.- Bidupur, District - Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ashok Kumar Mishra For the Opposite Party/s :

Mr.Md. Fahimuddin, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 08-05-2023 Heard the parties.

The petitioner seeks anticipatory Bail in connection with Government Official Complaint Case No. C2A03/2018 for the offences punishable under Section 20(b)/8(c) of the N.D.P.S. Act.

This is the second anticipatory bail application of the petitioner which is not maintainable in law in view of the law laid down by the Hon'ble Supreme Court in the case of G.R. Ananda Babu vs State of Tamil Nadu 2021 SCC OnLine SC 176.

Accordingly, this application is dismissed with a liberty to the petitioner to approach the Court below for regular bail within four weeks.

Patna High Court CR. MISC. No.25113 of 2023(2) dt.08-05-2023 2/2 If the petitioner surrender and prays for regular bail in the Court below within four weeks, the Court below will consider the application on its merit without being prejudiced by the fact that the second anticipatory bail application of the petitioner is dismissed. The Court below will consider the fact that petitioner has been named in the prosecution report without any basis and there has been no investigation by the police. This application stands dismissed.

(Sandeep Kumar, J) Shishir/- U T