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Calcutta High CourtCRM (A)/2222/2024allowed

Prashanta Singha @ Prosanta Singha And ORS v. The State Of West Bengal

2024-07-08Hon'Ble Justice Soumen Sen,Hon'Ble Justice Uday Kumar2 pages

08.07.2024 Sl No. 40 Court No.29 TN (Allowed) CRM (A) 2222 of 2024 In Re:- An application for anticipatory bail under section 438 of the Code of Criminal Procedure filed in connection with Habibpur Police Station Case No.66 of 2024 dated 25.03.2024 under Sections 379/411/413/414 of the Indian Penal Code and Section 21 of the Mines and Minerals Act.

And In the matter of: Prasanta Singha @ Prosanta Singha and others.

- petitioners.

Mr. Arup Kumar Bhowmick .... for the petitioners.

Mr. Madhusudan Sur, Ld. APP, Ms. Trina Mitra ... for the State.

1.

This is an application for anticipatory bail. 2.

The petitioners are the drivers and owners of the tractors in question. In our view they stand on a better footing than Manoj Pramanik @ Monoj Pramanik and another who were granted anticipatory bail in CRM (A) 1663 of 2024. In fact, claiming parity with other co-accused.

3.

We have granted anticipatory bail for the self-same offence in CRM (A) 2153 of 2024.

4.

Accordingly, we are of the view that custodial interrogation of the petitioners is not necessary.

5.

Accordingly, we direct that in the event of arrest, the petitioners, namely, Prasanta Singha @ Prosanta Singha, Subhash Singha, Swadhin Das, Biplob Barman and Shyamal Soren shall be released on bail upon furnishing a bond of Rs.5,000/- each, with two sureties of like amount Signed By :

TANMOY NANDAN High Court of Calcutta 9 th of July 2024 09:56:24 AM

each, one of whom must be local, 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. It is further directed that the present accused petitioners shall meet the Investigating Officer of this case once in a week and shall not leave the territorial jurisdiction of the learned Trial Court till submission of the final report except with the permission of the jurisdictional court.

6.

Accordingly, the application for anticipatory bail is disposed of.

7.

All parties shall act on the server copy of this order duly downloaded from the official website of this Court. (Soumen Sen, J.) (Uday Kumar, J.) Signed By :

TANMOY NANDAN High Court of Calcutta 9 th of July 2024 09:56:24 AM