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Calcutta High CourtCRM (A)/3820/2024allowed

Barun Kumar Ghosh v. The State Of West Bengal

2024-11-07Hon'Ble Justice Joymalya Bagchi,Hon'Ble Justice Gaurang Kanth1 pages

07.11.2024 Ct. No. 28 SL Nos. 25 SB CRM (A) 3820 of 2024 In Re: - An application for anticipatory bail under Section 438 of Cr. P.C. / Under Section 482 of the B.N.S.S. 2023 in connection with Kotwali P.S. Case No. 809 of 2023 dated 25.8.2023 under Sections 379/411/272/273/120B of the Indian Penal Code. And In the matter of : Barun Kumar Ghosh Mr. Reshmi Khatun ... for the petitioner Mr. D. Roy, Ld. P.P.

...for the State

1. Heard the learned lawyers for both the parties.

2. Petitioner submits the alleged adulterated milk cream was not recovered from his possession. He prays for anticipatory bail.

3. Learned counsel appearing for the State submits petitioner is the owner of the milk cream which was seized. Chemical report shows it is unsafe for human consumption.

4. Food article shall already been recovered. Investigation is complete. Accordingly, we are of the opinion custodial interrogation is not necessary and petitioner may be granted anticipatory bail.

5. Accordingly, we direct that in the event of arrest the petitioner shall be released on anticipatory bail upon furnishing a bond of Rs.10,000/- with two sureties of like amount each, to the satisfaction of the arresting officer and also subject to the condition as laid down under Section 482(2) of the B.N.S.S. Petitioner shall appear before the Court below and pray for regular bail within a period of four weeks from date.

6. The application for bail is, thus, allowed and disposed of. (Gaurang Kanth, J.) (Joymalya Bagchi, J.) Signed By :

SAURABH BANDYOPADHYAY High Court of Calcutta 13 th of November 2024 02:55:23 PM