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ITEM NO.9 COURT NO.6 SECTION II-A
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Petition(s) for Special Leave to Appeal (Crl.) No(s).10212/2023
(Arising out of impugned final judgment and order dated 23-06-2023
in CRLM No. 13902/2023 passed by the High Court Of Judicature At
Patna)
GORAKH PANDIT Petitioner(s)
VERSUS
THE STATE OF BIHAR & ANR. Respondent(s)

Date : 07-02-2024 This petition was called on for hearing today.
CORAM : HON’BLE MR. JUSTICE HRISHIKESH ROY
HON’BLE MR. JUSTICE PRASHANT KUMAR MISHRA
For Petitioner(s) Mr. Garvesh Kabra, AOR
Mr. Abhishek Jaju, Adv.
Mrs. Nikita Jaju, Adv.
Mr. Aman Pathak, Adv.

For Respondent(s) Mr. Azmat Amanullah, Adv.
Mr. Devashish Bharuka, AOR
Mr. Gautam Narayan, AOR
Ms. Asmita Singh, Adv.
Mr. Harshit Goel, Adv.
Mr. Sujan Jain, Adv.
Mr. k. v. Vibu Prasad, Adv.

UPON hearing the counsel the Court made the following
O R D E R
Heard Mr. Garvesh Kabra, learned counsel appearing for the petitioner. The State of Bihar is represented by Mr. Azmat Amanullah, learned counsel.

2. The High Court under the impugned order refused the benefit of pre-arrest bail for the petitioner accepting the submission that he is involved in another case and he should surrender and then apply for regular bail.

3. Mr. Kabra strenuously argues that the petitioner is working as an advocates clerk in the Patna High Court premises and there is no allegation that he is the originator of the counterfeit e-Court fee stamp. As an advocates clerk, he purchased it from the regular vendor present in the Court premises and therefore his pre- arrest bail should be favourably considered. The counsel then submits that the petitioner is a law abiding person and he is cooperating with the investigation of the case.

4. However, unlike the case of the co-accused where the benefit of pre-arrest bail was granted by the High Court on 23.05.2023, the petitioner is involved in one other case where of course, he has secured anticipatory bail.

5. In the above circumstances, we are disinclined to grant anticipatory bail to the petitioner. T he accused is granted two weeks time to surrender. If the petitioner surrenders within two weeks from today and applies for regular bail, the concerned Court should consider the same expeditiously and on merits.

6. With the above order, the Special Leave Petition is disposed of. Pending application(s), if any, stand closed.

(DEEPAK JOSHI) (KAMLESH RAWAT)
COURT MASTER (SH) ASSISTANT REGISTRAR