Piyara Kha @ Rajesh Khan And ORS v. State Of West Bengal

01.07.2022 Ct. No. 29 KAUSHIK REJECTED C.R.M.(A) 3118 of 2022 In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Ranaghat Police Station Case No. 318 of 2022 dated 16.05.2022 under Sections 448/323/325/326/354/506/34 of the Indian Penal Code. And In Re : Piyara Kha @ Rajesh Khan & Ors.

...... petitioners Ms. Sananda Bhattacharya ....for the petitioners Mr. Atif Ahmed Siddiqui Mr. Partha Sarathi Basu Md. Hafiz Ali ....for the State Petitioners pray for anticipatory bail.

Learned advocate appearing for the petitioners submits that, the dispute arose out of construction of a 'toilet'. Learned advocate appearing for the State draws the attention of the Court to the materials in the case diary including the injury reports of the two victims and their statements recorded under Section 161 of the Code of Criminal Procedure (Cr.P.C.).

Learned advocate appearing for the petitioners submits that, there is a counter case also and that the petitioners suffered injuries also.

Considering the materials in the case diary, the nature of injuries suffered by the victim and their 161 Cr.P.C. statement

and considering the fact that the investigations are yet to be concluded, we are unable to grant anticipatory bail to any of the petitioners.

Accordingly, prayer for anticipatory bail of the petitioners is rejected and the application being CRM (A) 3118 of 2022 is dismissed.

(Debangsu Basak, J.) (Bibhas Ranjan De, J.)