Nabakumar Biswas v. State Of West Bengal

15.09.2022 Serial no.13 [Dd] (Anticipatory bail) Allowed) CRM (A) 4418 of 2022 In re : An Application for Anticipatory Bail under Section 438 of the Code of Criminal Procedure in connection with Bhimpur Police Station Case No. 261 of 2022 dated 03.07.2022 under Sections 341/323/325/308/354/379 & 34 of the Indian Penal Code.

-AndIn the matter of : Nabakumar Biswas ... ... Petitioner Mr. Sumanta Das, Advocate ... ... For the Petitioner Mr. Bidyut Kumar Roy, Ms. Sima Biswas, Advocates ... ...For the State Leave is granted to the learned advocate-on-record of the petitioner to correct the cause title of the petition. The nature of injury suffered by the victim does not suggest that the victim was grievously hurt.

Considering the gravity of the offence and the involvement of the petitioner therein as transpiring from the materials in the case diary, we are inclined to grant anticipatory bail to the petitioner.

Accordingly, we direct that in the event of arrest the petitioner shall be released on bail upon furnishing a bond of Rs.10,000/- (Rupees Ten Thousand Only), with two sureties of like amount each, to the satisfaction of the arresting officer and also be subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure, 1973 and on further condition that the petitioner shall report before the Investigating Officer once in a month till the conclusion of the

investigation and on further condition that the petitioner shall appear on every date before the jurisdictional Court on and from the date fixed for appearance of the accused and in default the jurisdictional Court will pass appropriate order to secure the presence of the petitioner in Court including cancelling the anticipatory bail granted without further reference to this Court. Prayer for anticipatory bail of the petitioner is allowed. CRM (A) 4418 of 2022 is disposed of.

(Debangsu Basak, J.) (Md. Shabbar Rashidi, J.)