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Calcutta High CourtCRM (A)/2641/2023allowed

Subasish Bera @ Subhasish Bera v. State Of West Bengal

2023-07-25Honble Justice Chitta Ranjan Dash,Hon'Ble Justice Partha Sarathi Sen2 pages

25.07.2023 (D/L 23) Ct. No.29 Allowed (SKB) CRM (A) 2641 of 2023 In Re:- An application for anticipatory bail under section 438 of the Code of Criminal Procedure in connection with Chandipur P.S. Case No.21 of 2023 dated 01.02.2023 under Sections 447/323/325/307/506/34 of the Indian Penal Code.

In the matter of : Suvasish Bera @ Subhasish Bera ... Petitioner Mr. Amal Krishna Samanta ... for the petitioner Mr. Pravas Bhattacharya, Ms. Kum Kum Mitra ... for the State

1. Heard the learned Counsel for the parties.

2. The present petitioner is stated to be the brother of the victim. The occurrence happened over property dispute. The injury sustained by the victim is opined to be simple in nature. Charge-sheet is stated to have been filed.

3. Regard being had to such facts and submissions, factum of permanent residence of the petitioner, nature of allegation, nature of injury as discussed supra and completion of investigation, it is directed that the petitioner shall surrender before the learned CJM, Tamluk, Purba Medinipur in the G.R. case arising out of the aforesaid P.S. case within 15 days from today. On his surrender and application for bail, he shall be released on bail by the aforesaid Court on such terms and conditions

as deemed just and proper in the facts and circumstances of the case.

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

5. The application being CRM(A) 2641 of 2023 is disposed of.

6. The learned court below is hereby directed to act upon the server copy of this order.

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