Tapas Ghosh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.85658 of 2024 Arising Out of PS. Case No.-120 Year-2024 Thana- KASBA District- Purnia ====================================================== Tapas Ghosh Son of Amarchan Ghosh Resident of Mohalla - Ward No.1, Begambari, P.S. - Kasb, District- Purnea ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Sumit Kumar Bhagat, Advocate For the Opposite Party/s :
Mrs.Asha Devi, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 03-01-2025
1. Heard learned counsel for the parties.
2. The petitioner has preferred this application for grant of anticipatory bail apprehending his arrest in connection with Kasba P.S. Case no. 120 of 2024 registered under section 30(a) of Bihar Prohibition and Excise Act, 2016.
3. As per the prosecution case, on the motorcycle in question being stopped for search, it is stated that while Suraj Kumar was arrested, the identity of one person who managed to escape was disclosed as Rajesh Kumar. 11.820 litres of country liquor was recovered from the motorcycle in question.
4. Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the case only for the reason that he happens to be the registered owner of the motorcycle in question. No incriminating article has been
Patna High Court CR. MISC. No.85658 of 2024(2) dt.03-01-2025 2/2 recovered from his possession and he has no criminal antecedent.
5. Heard learned A.P.P. for the State.
6. Having heard learned counsel for the parties and taking into consideration the allegations in the F.I.R., the petitioner not having been arrested on the spot and not having any antecedent under the Bihar Prohibition and Excise Act, 2016, it is directed that the petitioner, above named, in the event of his arrest or surrender before the learned Court below within a period of four weeks, be released on anticipatory bail in connection with Kasba P.S. Case no. 120 of 2024 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Special Excise, Exclusive Court no. 1, Purnia. (Partha Sarthy, J) Harsh/- U T