Trilochan Patra And ANR v. State Of West Bengal

03.10.2023 D/L 70 Ct. No.29 (Allowed) (SKB) CRM (A) 4003 of 2023 In Re:- An application for anticipatory bail under section 438 of the Code of Criminal Procedure in connection with Sonamukhi P. S. Case No.139 of 2023 dated 29.07.2023 under Sections 341/323/325/326/ 307/34 of the Indian Penal Code (G.R. Case No.982 of 2023).

In the matter of : Trilochan Patra and another ... Petitioners Mr. Soumik Ganguli, Mr. Supriyo Shasmal ... for the petitioners Mr. Swapan Banerjee, Ms. Purnima Ghosh ... for the State

1. Heard learned counsel for the parties.

2. The occurrence is alleged to have happened in course of loading of sand and there is stated to be case and counter-case between the parties. From the injury report in respect of the victim, it is found that the victim has suffered simple injury on his skull and there is fracture of his left elbow.

3. Regard being had to such facts and submissions, factum of permanent residence of the petitioners, nature of allegation, nature of injury as discussed supra and substantial progress in investigation, it is directed that each of the petitioner shall be released on bail by the Arresting Officer in the event of their arrest in the G.R.

Case No. 982 of 2023 arising out of the aforesaid P.S. case on such terms and conditions as deemed just and proper in the facts and circumstances of the case including the condition:

i) The petitioners are directed to appear before the IO once in a week on the day and time fixed by the IO for the purpose of investigation till submission of Final Form.

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

5. Within 21 days from today petitioners are directed to appear before the I.O. along with a server copy or certified copy of this order.

6. The applications being CRM(A) 4003 of 2023 is disposed of.

7. The Arresting Officer is hereby directed to act upon the server copy or certified copy of this order.

(Chitta Ranjan Dash, J.) (Partha Sarathi Sen, J.)