Biplab Ghosh And ANR. v. State Of West Bengal

18.09.2023 (M/L 75) Ct. No.29 Allowed (SKB) CRM (A) 3682 of 2023 In Re:- An application for anticipatory bail under section 438 of the Code of Criminal Procedure in connection with Gangarampur P.S. Case No.52 of 2018 dated 12.03.2018 under Section 302 of the IPC read with Sections 25(i)(a)/27 of the Arms Act.

In the matter of : Biplab Ghosh and another ... Petitioners Mr. Gourhari Das ... for the petitioners Ms. Faria Hossain, Mr. Anand Keshari ... for the State

1. Heard learned counsel for the parties.

2. The present petitioners are admittedly not the persons who had shot the fire to cause the death of the deceased.

3. Learned counsel for the State has fairly submitted that these two petitioners are the persons who are alleged to have supplied the firearm to the principal accused, Asit Sarkar.

4. Regard being had to such facts and submissions, factum of permanent residence of the petitioners, nature of allegation and completion of investigation, it is directed that each of the petitioner shall surrender before the learned ACJM, Gangarampur, Dakshin Dinajpur in the aforesaid P.S. case within 15 days from today. On their surrender and application for bail, they 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.

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

6. The application being CRM(A) 3682 of 2023 is disposed of.

7. The learned court below is hereby directed to act upon the server copy or certified copy of this order. (Chitta Ranjan Dash, J.) (Partha Sarathi Sen, J.)