Gorakh Khan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.46337 of 2023 Arising Out of PS. Case No.-123 Year-2022 Thana- BIKRAMGANJ District- Rohtas ====================================================== GORAKH KHAN SON OF AASHIK KHAN RESIDENT OF VILLAGECHIMNIPAR BIKRAMGANJ, P.S. BIKRAMGANJ, DISTRICT- ROHTAS ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ajit Kumar Singh For the Opposite Party/s :
Mr.Choubey Jawahar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 04-08-2023
1. Heard the parties.
2. The petitioner apprehends his arrest in connection with Bikramganj PS Case No. 123 / 2022 dated 29-032022 registered for the offence punishable under Section 420 / 34 of the IPC and Section 11 of the Bengal Gambling Act.
3. As per the FIR, the Police got secret information that 5-8 persons were indulged in gambling and were duping the innocent public near road side, arrived at the place of occurrence and upon seeing the Police party the accused persons fled away, however, one person was arrested who disclosed the name of the petitioner and other
Patna High Court CR. MISC. No.46337 of 2023(2) dt.04-08-2023 2/3 accused persons. Police recovered few currency notes and stickers from the possession of the arrested accused person.
4. Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case on the basis of disclosure of his name by the arrested co-accused person. He next submits that petitioner is seventy years old and could not have fled away from the place of occurrence. The petitioner is having no criminal antecedent of similar nature of offence.
5. Regard being had to the submission made by the parties, taking into consideration the fact that petitioner has got no criminal antecedent and his name has been disclosed by the arrested co-accused person, as such, I am inclined to grant anticipatory bail to the petitioner.
6. Let the petitioner, above named, be released on anticipatory bail in the event of arrest or surrender before the court below within a period of four weeks from today on furnishing bail bond of Rs. 10000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Rohtas in connection with Bikramganj PS Case No. 123/ 2022 subject
Patna High Court CR. MISC. No.46337 of 2023(2) dt.04-08-2023 3/3 to the condition as laid down under Section 438(2) of the Cr.P.C.
(Anil Kumar Sinha, J) praful/- U T