Shibabrata Biswas @ Shibu v. State Of West Bengal

04.10.2021 Ct. No 29 KAUSHIK (REJECTED) C.R.M. 3319 of 2021 (via video conference) In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Bizpore Police Station Case No. 591 of 2019 dated 08.10.2019 under Sections 302/307/120(B)/34 of the Indian Penal Code read with Sections 25/27 of the Arms Act.

And In Re : Shibabrata Biswas @ Shibu ..... petitioner Mr. Niladri Sekhar Ghosh .... for the petitioner Mr. Madhusudan Sur Mr. Manoranjan Mahata ... for the State Petitioner seeks anticipatory bail.

Learned advocate appearing for the petitioner submits that, since the police submitted charge-sheet, custodial interrogation of the petitioner is not required. He submits that, the petitioner did not play any role in the incident. He was standing at the locale, which transpires from the contents of the First Information Report (FIR).

Learned advocate appearing for the State submits that, the one person was injured and another person died. The person injured recorded a statement under Section 164 of the Code of Criminal Procedure, where he named the petitioner. Considering the contents of the FIR and the Statement recorded under Section 164 of the Cr. P. C. of the injured naming the petitioner, we are unable to grant anticipatory bail to the petitioner.

Accordingly, prayer for anticipatory bail of the petitioner is rejected and the application being CRM 3319 of 2021 is dismissed.

(Debangsu Basak, J.) (Ananda Kumar Mukherjee, J.)