Gorakh Rai @ Gorakh Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41268 of 2019 Arising Out of PS. Case No.-22 Year-2019 Thana- GANGABRIDGE District- Vaishali ====================================================== GORAKH RAI @ GORAKH SINGH, Male, aged about 26 years, Son of Umesh Singh @ Umesh Kumar Singh, Resident of Village - Sahdullapur, P.S.- Ganga Bridge, District - Vaishali ... Petitioner

Versus

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

For the Petitioner :

Mr. Manish Chandra Gandhi, Adv.

For the Opposite Party :

Mr. Surendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 04-07-2019 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the state.

The petitioner seeks pre-arrest bail in connection with Ganga Bridge P.S. Case No. 22 of 2019 for the offences alleged under Sections 272 and 273 of the Indian Penal Code and 30(A) of the Bihar Prohibition and Excise Act, 2016. The accusation is that in course of patrolling duty one person was seen moving in suspicious condition. When he was caught hold, he disclosed his name as Monu Kumar and 24 bottles, each containing 75 ml and three bottles, each containing 375 ml of Indian made foreign liquor were recovered from his bag. On query, he disclosed that the seized liquor was supplied by the petitioner.

The submission of the learned counsel for the petitioner is that the petitioner is not apprehended on the spot

Patna High Court CR. MISC. No.41268 of 2019(2) dt.04-07-2019 2/2 nor anything has been recovered from his possession rather his name surfaced in the confessional statement of the co-accused, Monu Kumar, who is said to have been apprehended with the Indian made foreign liquor.

Learned Additional Public Prosecutor for the State opposes the prayer for pre-arrest bail.

Having regard to the facts and circumstances of the case, let the petitioner, above named, in the event of surrender/arrest, within a period of four weeks from today, in connection with Ganga Bridge P.S. Case No. 22 of 2019 shall be released on pre-arrest bail on furnishing bail bond of Rs.10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of the Additional Sessions Judge II-cum-Special Judge, Prohibition and Excise, Vaishali at Hajipur, or the successor Court subject to the conditions as laid down under Section 438(2) Criminal Procedure Code. (Rajendra Kumar Mishra, J) Shamshad/- U T