Rabindra Singh And Another v. State Of West Bengal

C.R.M. (A) 2965 of 2023 10.08.2023 ML. 180 Court No. 29 Suvayan (Allowed) In Re: - An application for anticipatory bail under Section 438 of the Code of Criminal Procedure filed in connection with Neturia P.S. Case No. 30 of 2021 dated 29.04.2021 under Sections 379/411/413/414/420/120B of the IPC corresponding to the G.R. Case No. 226 of 2021 pending before the learned ACJM, Raghunathpur.

And In the matter of: Rabindra Singh & Anr.

....petitioners.

Mr. Avik Ghatak Mr. Fahad Imam ...for the petitioners.

Mr. Rudradipta Nandy, APP Mr. Iqbal Kabir ...for the State.

1. Heard learned Counsel for both the parties.

2. The petitioners are the owners of two cars which were found in the place or garage where some persons were trying to change the number plate of an allegedly stolen truck. Admittedly the present petitioners were not present at the spot but allegation is to the effect that their cars were used to conceal the activities of the persons who were changing the number plate.

3. We do not find any criminality so far as present petitioners are concerned in the entire transaction at least prima facie. Chargesheet is stated to have been filed.

4. Regard being had to facts and submissions, factum of permanent residence of the petitioners and completion of investigation, it is directed that each of the petitioner shall surrender before the learned Additional Chief Judicial Magistrate, Raghunathpur within 15 days from today in the G.R. case No. 226 of 2021 arising out of aforesaid P.S. case. On their appearance and application for bail the petitioner shall be released on bail on

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

5. The learned ACJM is directed to act upon the server copy of this order, if required.

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

7. The application being CRM (A) 2965 of 2023 is disposed of. (Chitta Ranjan Dash, J.) (Partha Sarathi Sen, J.)