Niranjan Patra v. The State Of West Bengal
12.08.2024 Sl No.25 Court No. 29 TN (Allowed) CRM (A) 2738 of 2024 In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure, 1973, corresponding to Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 filed in connection with Haridevpur Police Station Case No.309 dated 30.05.2024 under Sections 341/323/509/354/34 of the Indian Penal Code.
And In the matter of : Niranjan Patra .... petitioner Ms. Rita Patra, Ms. Pusmita Das ....for the petitioner Mr. Anindya Sundar Chatterjee ... for the State
1. Heard learned counsel for the parties.
2. It appears that a dispute arose between the de facto complainant and the accused no.1 mentioned in the letter of complaint.
3. It appears that a dispute arose between the owner of the property and the promoter over share of allocation of land. The petitioner is the purchaser for valuable consideration and may not have any nexus with the alleged offence.
4. Considering the aforesaid facts, we are inclined to grant anticipatory bail to the petitioner.
5. Accordingly, we direct that in the event of arrest, the petitioner, namely, Niranjan Patra shall be released on bail upon furnishing a bond of Rs.5,000/-, with two registered sureties of like amount each, to the satisfaction of the arresting officer and also subject to the conditions as laid Signed By :
TANMOY NANDAN High Court of Calcutta 13 th of August 2024 11:29:14 AM
down under Section 438(2) of the Code of Criminal Procedure, 1973, corresponding to Section 482(2) of the BNSS, 2023.
6. The petitioner shall meet the Investigating Officer once in a fortnight till submission of the final report.
7. It is further directed that the present accused petitioner shall appear before the learned Additional Chief Judicial Magistrate, Alipore within two weeks from date and pray for regular bail.
8. Accordingly, the application for anticipatory bail is disposed of.
9. 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 13 th of August 2024 11:29:14 AM