Bimal Krishna Biswas v. State Of West Bengal

16.03.2023 Ct. No. 29 KAUSHIK Allowed C.R.M.(A) 1086 of 2023 In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Swarupnagar Police Station Case No. 92 of 2023 dated 12.02.2023 under Sections 341/325/308/506 of the Indian Penal Code, 1860.

And In Re : Bimal Krishna Biswas ...... petitioner Mr. Satadru Lahiri Mr. Safdar Azam ....for the petitioner Mr. Binoy Panda Ms. Pushpita Saha ....for the State The injury suffered was not classified as grievous hurt. Apparently, there was a fight between the de-facto complainant and the petitioner.

The written complaint does not suggest that any weapon of noticeable means was used in the assault.

In such circumstances, 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/-, with two sureties of like amount each, to the satisfaction of the arresting officer and also be subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure, 1973 and on further condition that the

petitioner shall meet the Investigating Officer once a month till the conclusion of the investigation and on condition that the petitioner 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 petitioner in Court including cancelling the anticipatory bail granted without further reference to this Court.

This application for anticipatory bail is, thus, allowed. (Debangsu Basak, J.) (Md. Shabbar Rashidi, J.)