Tanmay Ghosh @ Tanmay Kr. Ghosh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6171 of 2024 Arising Out of PS. Case No.-290 Year-2022 Thana- PRANPUR District- Katihar ====================================================== Tanmay Ghosh @ Tanmay Kr. Ghosh Son of Tapnesh Ghosh Resident of Lal Kothi Road, P.S.-Katihar Town, Distt.-Katihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjeev Kumar Singh For the Opposite Party/s :

Mr.Sanjay Kumar Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 16-02-2024 1.

Heard learned counsel for the petitioner and learned A.P.P. for the State.

2.

The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 30(a) of the Bihar Excise Act.

3.

Learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and allegation is of recovery of 21.540 liters of liquor from the motorcycle. 4.

Learned counsel for the petitioner submits that the petitioner was not arrested from the spot as such nothing was recovered from his conscious possession. It is further submitted that petitioner being owner of the motorcycle came to be implicated in a mechanical manner. It is also submitted that the motorcycle of the petitioner was taken by his friend Bikram and

Patna High Court CR. MISC. No.6171 of 2024(2) dt.16-02-2024 2/2 Hardhan, as such, the petitioner was completely unaware that the vehicle would be misused in the manner as alleged as Bikram and Hardhan were also arrested at the place of occurrence.

5.

Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

6.

Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of his arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 500/- (Rupees Five Hundred) with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Pranpur P.S. Case No. 290 of 2022 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) SUMIT/- U T