Kadir Hossain v. State Of West Bengal

18.08.2022 Ct. No. 29 KAUSHIK REJECTED C.R.M.(A) 3951 of 2022 In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Manikchak Police Station Case No. 230 of 2022 dated 18.05.2022 under Sections 25/27 of the Arms Act, 1959. And In Re : Kadir Hossain ...... petitioner Ms. Minoti Gomes ....for the petitioner Mr. Suman De ....for the State It is claimed on behalf of the petitioner that the petitioner and his wife is at the hospital at the material point of time when the firm arm was recovered.

Learned advocate appearing for the State draws the attention of the Court to the materials in the case diary. Nothing is placed on record on behalf of the petitioner to suggest let alone establish that the petitioner was in the hospital at the material point of time.

Fire arm was recovered from the motor cycle belonging to the petitioner. Therefore, immediate requirement of custodial interrogation of the petitioner cannot be overlooked at this stage.

In such circumstances, we are unable to grant anticipatory bail to the petitioner.

Accordingly, prayer for anticipatory bail of the petitioner is rejected and the application being CRM (A) 3951 of 2022 is dismissed.

(Debangsu Basak, J.) (Bibhas Ranjan De, J.)