Manoranjan Ghosh v. State Of West Bengal

22/05/2025 D/L 40 Ct. No.28 S.Kundu C.R.M.(A) 1715 of 2025 Allowed In Re:- An application for anticipatory bail under section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023/under Section 438 of the Code of Criminal Procedure. In connection with Khargram police station case no. 30 of 2025 dated 29.1.2025 under Sections 103(1)/351(2)/61(2) of the BNS.

In the matter of: Manoranjan Ghosh ... Petitioner Mr. Navnil De Ms. M. Mukherjee ...for the petitioner.

Md. Jannat ul Firdous ...for the De-facto.

Mr. Bitasok Banerjee Ms. Mamata Jana ...for the State.

1. Learned counsel appearing for the petitioner submits as follows. The petitioner is about 68 years old. The petitioner is the father of the principal accused Subhas Ghosh. The principal accused came to the victim's house fully drunk and created a ruckus. The petitioner is no way responsible for the death of the victim.

2. Learned counsel appearing for the State opposes the prayer for anticipatory bail. She relies on the statements of post-occurrence witnesses including that of neighbours as well as the post-mortem report. Charge-sheet has been submitted. From the post-mortem report, it appears that the stomach contained yellow fluid of 100 grams. However, the viscera report is not available yet. The statements of post-occurrence witnesses suggest that the

offending weapon was being held by Subhas Ghosh and the other accused including the present petitioner were standing nearby.

3. Considering the materials available in the case diary, the alleged role ascribed to the petitioner and the fact that the principal accused is in custody, I am inclined to grant anticipatory bail to the present petitioner.

4. In the event of arrest, the petitioner shall be released on bail upon furnishing a bond of Rs.10,000/- each with two sureties of like amount each, one of whom must be local, to the satisfaction of the Arresting Officer and also be subject to further conditions that the petitioner shall cooperate with the investigation and shall not threaten or intimidate witnesses. The petitioner shall meet the I.O once a fortnight and shall attend the jurisdictional Court on the dates fixed.

5. Accordingly, the application for anticipatory bail is allowed.

6. Urgent Photostat certified copy of this order, if applied for, be given to the parties upon compliance with requisite formalities.

(Jay Sengupta, J.)