Arabinda Biswas And ANR v. State Of West Bengal

C.R.M. (A) 414 of 2023 01.02.2023 Sl.34 Court No.29 (AD) (Allowed) In Re: - An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Tehatta Police Station Case No.1135 of 2022 dated 30.12.2022 under Sections 341/325/326/307/34 of the Indian Penal Code, 1860. And In the matter of: Arabinda Biswas & Anr.

....petitioners.

Mr. Amanul Islam ... for the petitioners.

Mr. Debabrata Chatterjee, Ld. APP Mr. Santanu Chatterjee ...for the State.

Petitioners pray for anticipatory bail.

The injury report does not suggest grievous hurt being caused.

Apparently, there was a physical assault by the bamboo stick. Considering the nature of the injury suffered, the gravity of the offence and the involvement of the petitioners therein, we grant anticipatory bail to the petitioners.

Accordingly, we direct that in the event of arrest, the petitioners shall be released on bail upon furnishing a Bond of Rs.10,000/- (Rupees Ten Thousand Only) each, 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 petitioners will report before the Investigating Officer once a month till the conclusion of the investigation and on condition that the petitioners shall appear on every date 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 petitioners in Court including cancelling the anticipatory bail granted without further reference to this Court. Accordingly, the prayer for anticipatory bail of the petitioners is allowed.

C.R.M. (A) 414 of 2023 is, thus, disposed of. (Debangsu Basak, J.) (Md. Shabbar Rashidi, J.)