Calcutta High CourtCRM (A)/1016/2024allowed

Sribas Biswas @ Shribas Biswas And ORS. v. State Of West Bengal

2024-03-22Hon'Ble Justice Debangsu Basak,Hon'Ble Justice Md. Shabbar Rashidi2 pages

22.03.2024 Serial no. 08 Anticipatory Bail [Allowed] Dd CRM (A) 1016 of 2024 In re : An Application for Anticipatory Bail under Section 438 of the Code of Criminal Procedure in connection with Habibpur Police Station Case No. 15 of 2024 dated 28.01.2024 under Sections 379/506/34 of the Indian Penal Code, 1860 pending before ACJM< Malda -AndIn the matter of : Sribas Biswas alias Shribas Biswas & Ors.

... ... Petitioners Sk. Zubair Ahmed, Advocate ... ... For the Petitioners Mr. Suman De, Advocate ... ...For the State Apparently, one of the petitioners is part of owner of a pond from which, theft of fish is alleged. De facto complainant, apparently, is not the owner of both the ponds. Be that as it may, materials in the case diary do not suggest requirement of custodial interrogation of the petitioners.

In such circumstances, 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 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 petitioners shall report before the Signed By :

DEBABRATA DAS High Court of Calcutta 22 nd of March 2024 04:39:25 PM

Investigating Officer once in a month till the conclusion of the investigation and on further 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. Prayer for anticipatory bail of the petitioners is allowed. CRM (A) 1016 of 2024 is disposed of.

(Debangsu Basak, J.) (Md. Shabbar Rashidi, J.)