Sk Rajibul Hossain v. Excise Directorate,Govt. Of W.B.

C.R.M. (A) 1285 of 2022 29.03.2022 Sl. 5 Court No.29 sourav (Allowed) In Re: - An application for anticipatory bail under Section 438 of the Code of Criminal Procedure filed on 14.03.2022 in connection with Khanakul Excise Circle SI's SL No. 83/21-22 dated 04.06.2021 under Sections 46A(c)/52 of Bengal Excise Act, 1909.

And In the matter of: Rajibul Hossain ....petitioner.

Mr. Niladri Sekhar Ghosh, Ms. Sompurna Chatterjee, ...for the petitioner.

Mr. Sanjay Bardhan, Ms. Baishali Chatterjee, ...for the State Petitioner seeks anticipatory bail.

Learned advocate appearing for the petitioner submits that the petitioner was falsely implicated.

Learned advocate appearing for the State submits that the petitioner is the owner of the vehicle from which 200 liters of country made liquor was seized. The petitioner fled away from the spot. In response to a query of the Court, it is submits that the police filed charge-sheet.

Considering the fact that the police filed charge-sheet and considering the gravity of the offence and the involvement of the petitioner therein, we grant anticipatory bail to the petitioner. Accordingly, we direct that in the event of arrest, the petitioner shall be released on bail upon furnishing a Bond of Rs.10,000/- (Rupees Ten Thousand Only), with two sureties of like amount each, to the satisfaction of the Arresting Officer and subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure, 1973 and on condition that the petitioner shall appear every day before the jurisdictional Court

on and from the date fixed for appearance of the accused and in default the jurisdictional Court will pass appropriate order to secure the presence of the petitioner in Court including cancelling the anticipatory bail granted without further reference to this Court.

Consequently, we grant anticipatory bail to the petitioner. Accordingly, the prayer for anticipatory bail of the petitioner is allowed.

C.R.M. (A) 1285 of 2022 is, thus disposed of. (Debangsu Basak, J.) (Bibhas Ranjan De, J.)