Calcutta High CourtCRM (A)/1963/2022allowed

Brihaspati Mahato v. State Of West Bengal

2022-04-29Hon'Ble Justice Debangsu Basak,Hon'Ble Justice Bibhas Ranjan De2 pages

29.04.2022 Ct. No. 29 KAUSHIK Allowed C.R.M.(A) 1963 of 2022 In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Purulia (M) Police Station Case No. 206 of 2021 dated 05.09.2021 under Sections 447/354B/323/325/307/34 of the Indian Penal Code, 1860.

And In Re : Brihashpati Mahato ...... petitioner Mr. Navanil De Mr. Rajeshwar Chakraborty Mr. Srinjan Ghosh Mr. Subhrajit Dey ....for the petitioner Md. Anwar Hossain Ms. Benazir Hasna ....for the State Petitioner prays for anticipatory bail.

Learned advocate appearing for the petitioner submits that, the incident occurred due to dispute relating to an immovable property.

Learned advocate appearing for the State draws the attention of the Court to the statement of the victim recorded under Section 161 of the Code of Criminal Procedure (Cr.P.C.) as also the injury report.

Considering the gravity of the offence and the involvement of the petitioner therein and considering the 161 Cr.P.C.

statement of the injured, 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 in a fortnight till the conclusion of the investigation and on condition that the petitioner shall appear every day 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.) (Bibhas Ranjan De, J.)