Avi @ Avijit Sarkar @ Abhijit Sarkar v. State Of West Bengal

04.04.2022 Ct. No. 29 KAUSHIK DNP C.R.M. (A) 1524 of 2022 In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Murshidabad Police Station Case No. 475 of 2021 dated 28.10.2021 under Section 363/365/34 of the Indian Penal Code.

And In Re : Avi @ Avijit Sarkar @ Abhijit Sarkar ...... petitioner Mr. Navanil De Mr. Rajeshwar Chakraborty Ms. Subhrajit Dey ....for the petitioner Mr. Ranabir Roychowdhury Mr. Sandip Chakraborty ....for the State Since, the issue as to whether a juvenile can approach and obtain an order for anticipatory bail under Section 438 of the Code of Criminal Procedure, is pending before the Larger Bench as it was referred to by a Division Bench, where it was opined that a juvenile is not entitled to anticipatory bail, learned advocate appearing for the petitioner seeks leave to withdraw the present petition and file the same afresh once such issue is settled by the Larger Bench.

Consequently, CRM(A) 1524 of 2022 is dismissed as not pressed in view of the contentions noted above. State is represented.

(Debangsu Basak, J.) (Bibhas Ranjan De, J.)