Biswajit Rishi And ANR v. State Of West Bengal

14.12.2021 SB Ct. No. 28 CRM 5986 of 2021 (via Video Conference) In Re : - An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with English Bazar P.S. Case No. 886 of 2021 dated 29.07.2021 under Sections 341/323/354/34 of the Indian Penal Code.

In the matter of : Biswajit Rishi & Anr.

Mr. Avinaba Patra .... For the Petitioners Mr. N.P. Agarwala Mr. Pratick Bose .... For the State It is submitted on behalf of the petitioners, that there was a dispute over the hire of a maxi taxi belonging to the petitioners. Learned counsel appearing on behalf of the State opposes the prayer for bail.

Having considered the materials on record keeping in mind the nature of allegations including the injury report which does not appear to be grievous, we are of the opinion that custodial interrogation of the petitioners are not necessary.

Under such circumstances, we are inclined to grant anticipatory bail to the petitioners.

Accordingly, we direct that in the event of arrest the petitioners shall be released on bail upon furnishing a bond of Rs.10,000/- (Rupees Ten Thousand only) each, 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 conditions that the petitioners shall appear before the Court below and pray for regular bail within a period of four weeks from date.

Petitioners are directed to co-operate with the investigation in accordance with law and meet the investigating officer once in a week until further orders.

This application for anticipatory bail is, thus allowed. (Bivas Pattanayak, J.) (Joymalya Bagchi J.)