Shibsankar Bhunia And ORS v. State Of West Bengal

13-09-2021 (ct. no.32) KOLE CRM 4926 of 2021 In re: An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Bhupatinagar Police Station Case No. 155 of 2021 dated 19.05.2021 under Sections 326/307/34 of the Indian Penal Code.

- A n d - In the matter of : Shibsankar Bhunia & Ors.

.... Petitioners.

Mr. S. Ganguly, ... For the Petitioners.

Mr. S. Bhattacharyya, Md. Kutubuddin, ... For the State.

The petitioners say that the incident was a fall-out of political rivalry. There was a free fight between two political groups. The victims suffered injury. The petitioners are not the main assailants. Some of the accused persons have been granted bail by the learned Trial Court.

We have seen the material in the case diary including the injury report and statements of eyewitnesses. On an over all assessment of the nature and gravity of the alleged offence and the possible extent of complicity of the petitioners therein and also keeping in view that charge sheet is yet to be submitted, we are of the opinion that this is not a fit case where anticipatory bail should be granted to the petitioners.

The prayer for anticipatory bail is rejected. CRM No. 4926 of 2021 is, thus, dismissed.

( Bivas Pattanayak, J. ) ( Arijit Banerjee, J. )