Birendranath Pradhan v. State Of West Bengal

C.R.M. (A) 1448 of 2023 05.04.2023 Sl.29 Court No.29 (AD) (Allowed) In Re: - An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Khejuri Police Station Case No.92 of 2023 dated 15.02.2023 under Sections 186/307/323/341/354(B)/506/34 of the Indian Penal Code. And In the matter of: Birendranath Pradhan ....petitioner.

Mr. Suchindan Bhattacharjee ... for the petitioner.

Mr. Saibal Bapuli, Ld. APP Mr. Aroni Bhattacharya Ms. Sayanti Santra ...for the State.

Petitioner prays for anticipatory bail.

Co-accuseds were enlarged on either bail or anticipatory bail. The petitioner before us claims to be 79 years of age. Apparently, the petitioner was involved in an incident of assault.

Considering the advance age of the petitioner, we deem it appropriate to 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/- (Rupees Ten Thousand Only), 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 petitioner will report before the Investigating Officer once a fortnight 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. Accordingly, the prayer for anticipatory bail of the petitioner is allowed.

C.R.M. (A) 1448 of 2023 is, thus, disposed of. (Debangsu Basak, J.) (Md. Shabbar Rashidi, J.)