Tuntun Goswami v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.23550 of 2022 Arising Out of PS. Case No.-94 Year-2022 Thana- FORBESGANJ District- Araria ====================================================== TUNTUN GOSWAMI S/o Ashok Goswami Resident of Village - Matiyari, P.S.- Forbesganj, District - Araria.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Anil Prasad Singh For the Opposite Party/s :

Mr. Pawan Kumar Chaurasia ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 25-08-2022 Heard the parties.

Learned counsel for the petitioner undertakes to remove the defects within four weeks of resumption of normal court proceedings. In the eventuality of non-removal of defects within stipulated period, office will place the matter before the Bench. The petitioner apprehends his arrest in a case registered for the offence punishable under section 420, 468 of the IPC and section 4/5 of the Bihar Ban of Lottery Act.

Allegedly, the police personnel caught one person with lottery tickets and cash. The apprehended person disclosed the name of the petitioner that he is involved in the illegal activity of lottery tickets.

It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. He has been falsely implicated in this case due to enmity and grudge. No

Patna High Court CR. MISC. No.23550 of 2022(2) dt.25-08-2022 2/2 such occurrence, in the manner as alleged, has ever taken place. The allegation leveled against the petitioner is not specific rather general and omnibus in nature. There is no specific overt act against the petitioner. No incriminating articles has been recovered from the conscious possession of the petitioner. Petitioner has one criminal antecedent of similar nature, as also mentioned in para-3 of the bail application.

Learned APP for the State opposed the prayer for anticipatory bail.

Having regard to the facts and circumstances of the case, since there is no recovery from the conscious possession of the petitioner, let the above named petitioner be released on bail, in the event of his arrest or surrender before the learned court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/Successor Court in Forbesganj P.S. Case No.94 of 2022, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Anjani Kumar Sharan, J) shikha/- U T