Mojibur Saikh @ Mojibur Sk And ANR v. State Of West Bengal

C.R.M. (A) 2285 of 2023 19.06.2023 Sl. 173 Court No. 29 sdas (Allowed) In Re: - An application for anticipatory bail under Section 438 of the Code of Criminal Procedure filed in connection with Sagardighi Police Station Case No. 95 of 2023 dated 16.03.2023 under Sections 447/323/325/307/34 of the Indian Penal Code. And In the matter of: Mojibur Saikh @ Mojibur Sk. & Anr. ....petitioners.

Mr. U. A. Dewan Mr. A. Dewan ...for the petitioners.

Ms. Faria Hossain Ms. Baisali Basu Ms. Mamata Jana ...for the State.

1. Heard the learned Counsel for the parties.

2. Petitioners along with others are alleged to have assaulted the victims by bamboo sticks. Injury sustained by two victims are opined to be simple in nature as found from the injury report.

3. It is fairly submitted at the Bar that one of the injured though have simple injury had suffered hospitalisation for about ten days and has been discharged in the meantime. The investigation is stated to have progressed substantially.

4. Regard being had to such facts and submissions, factum of permanent residence of the petitioners, genesis of the transaction, we direct each of the petitioners shall be released on bail by the Arresting Officer in the event of their arrest on such terms and conditions as deemed just and proper in the facts and circumstances of the case in connection with G.R. Case No. 629 of 2023 arising out of Sagardighi Police Station

Case No. 95 of 2023 dated 16.03.2023.

5. Accordingly, the prayer for the anticipatory bail is allowed.

6. The application being CRM (A) 2285 of 2023 is disposed of.

7. Arresting Officer is directed to act on the server copy of this order.

(Chitta Ranjan Dash, J.) (Partha Sarathi Sen, J.)