Md Saddam Alias Rocky Khan v. State Of West Bengal

15.09.2022 Ct. No. 29 KAUSHIK REJECTED C.R.M.(A) 4431 of 2022 In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with English Bazar Police Station Case No. 1300 of 2022 dated 20.08.2022 under Sections 448/326/307 of the Indian Penal Code read with Sections 25/27 of the Arms Act. And In Re : Md. Saddam @ Rocky Khan ...... petitioner Ms. Minoti Gomes ....for the petitioner Mr. Swapan Banerjee Ms. Purnima Ghosh ....for the State Petitioner prays for anticipatory bail.

Learned advocate appearing for the State draws the attention of the Court to the statement recorded under Section 161 of the Code of Criminal Procedure and the injury report. The victim suffered bullet injury. The eye witness implicates the petitioner. According to the eye witness, the petitioner shot the fire arm, which injured the victim. The fire arm is yet to be recovered.

The materials in the case diary suggest requirement of custodial interrogation of the petitioner.

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) 4431 of 2022 is dismissed.

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