Gorakh Ray @ Chanardeep Ray v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28234 of 2022 Arising Out of PS. Case No.-60 Year-2022 Thana- BIDUPUR District- Vaishali ====================================================== Gorakh Ray @ Chanardeep Ray Son Of Late Parmeshwar Ray R/O VillageKathaulia, P.S.- Bidupur, District- Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Ms. Rina Sinha, Advocate For the Opposite Party/s :

Ms. Pushpa Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 23-08-2022 Let the defects, as pointed out by the office, be removed within four weeks of starting of Court proceeding in physical mode in normal course.

Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in a case registered for the offences punishable under Sections 30 (a)(b)(c) of the Bihar Prohibition and Excise Act, 2018.

Recovery is of 20600 litres unriped Jawa and 140 litres of country made liquor.

Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the present case only on the basis of suspicion. He further submits that it appears from the F.I.R. as well as seizure list that nothing has been recovered

Patna High Court CR. MISC. No.28234 of 2022(2) dt.23-08-2022 2/3 from the conscious possession of the petitioner rather recovery has been made from the bank of the river and the petitioner has no concern at all with the alleged recovery. He further submits that similarly situated co-accused Shekhar Ray has been granted bail vide order dated 11.07.2022 in Cr. Misc. No. 17222 of 2022 and the police after investigation submitted chargesheet on 08.04.2022 against the petitioner and the petitioner is in custody since 09.03.2022.

Learned APP for the State has opposed the prayer for bail of the petitioner and submits that the petitioner carries two more cases other than the present one.

Considering the facts and circumstances of the case, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Court below where the case is pending in connection with Bidupur P.S. Case No. 60 of 2022, with 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 absence on two consecutive dates without sufficient

Patna High Court CR. MISC. No.28234 of 2022(2) dt.23-08-2022 3/3 reason, his bail bond shall be cancelled by the Court below.

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

(3) And, further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage, it is found that the petitioner has concealed his criminal antecedents, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

(Rajesh Kumar Verma, J) Ibrar//- U T