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Calcutta High CourtCRM/5155/2021allowed

Md. Khurshid Ansari@Md.Khurshid v. State Of West Bengal

2021-12-13Hon'Ble Justice Joymalya Bagchi,Hon'Ble Justice Bivas Pattanayak2 pages

13.12.2021 Sl. No.126 akd [ALLOWED] C. R. M. 5155 of 2021 [via video conferencing] In Re: An application for anticipatory bail under Section 438 of the Code of Criminal Procedure filed on 04.08.2021 in connection with Coke Oven Police Station Case No. 110 of 2021 dated 25.06.2021 under Sections 379/411/413/414/120B of the Indian Penal Code. And In Re: Md. Khurshid Ansari @ Md. Khurshid ... ... Petitioner Mr. Satadru Lahiri Mr. Safdar Azam ... ... for the petitioner Mr. Subrata Roy ... ... for the State It is submitted on behalf of the petitioner that he is not the owner of the vehicle from where stolen articles were recovered. Learned advocate appearing for the State opposes the prayer for anticipatory bail.

We have considered the materials on record. Stolen articles have already been recovered. In view of the aforesaid fact, we are of the opinion that custodial interrogation of the accused/petitioner may not be necessary in the facts of the present case and he may be granted anticipatory bail.

Accordingly, we direct that in the event of arrest, the accused/petitioner, namely Md. Khurshid Ansari @ Md. Khurshid, 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 also 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 appear before the court below and pray for regular bail within four weeks from date.

The application for anticipatory bail is, thus, disposed of. (Bivas Pattanayak, J.) (Joymalya Bagchi, J.)