Raj Kumar Prasad @ Fitting Babu v. State Of West Bengal

31.10.2022 Serial no. 09 [Dd] (Anticipatory bail) Allowed) CRM (A) 4598 of 2022 In re : An Application for Anticipatory Bail under Section 438 of the Code of Criminal Procedure in connection with Jadavpur Police Station Case No. 166 of 2022 dated 17.08.2022 under Sections 409/120B of the Indian Penal Code.

-AndIn the matter of : Raj Kumar Prasad @ Fitting Babu ... ... Petitioner Mr. Sekhar Kumar Basu, ld. Sr. adv.

Mr. Kusal Kumar Mukherjee, Mr. Diptangshu Basu, Advocates ... ... For the Petitioner Mr. Sudip Ghosh, Mr. Apurba Kr. Datta, Advocates ... ...For the State Mr. Sandipan Ganguly, ld. Sr. adv.

Mr. Rajesh Upadhyay, Ms. Manaswita Mukherjee, Ms. Surabita Biswas, ... ...For the de facto complainant Petitioner prays for anticipatory bail.

Learned senior advocate appearing for the petitioner submits that the petitioner returned the goods gathered under three trucks pursuant to order passed by the learned Chief Judicial Magistrate. He submits that the custodial interrogation of the petitioner is not required. Learned advocate appearing for the State submits that out of 7 trucks, 6 stands accounted for. One is still missing. The money trail is required to be investigated into also.

De facto complainant acknowledges receipt of 3 trucks pursuant to order passed by the learned Chief Judicial

Magistrate. He also acknowledges receipt of the other 3 trucks. He, however, contends that the quantity of the materials deteriorated in the interregnum.

Apparently there are issues between the private parties which are civil in nature.

Major portion of the goods stands accounted for. In such circumstances, 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 fortnight 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) 4598 of 2022 is disposed of.

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