Biplab Mandal And ORS v. State Of West Bengal

30.09.2022.

56.

AD/KC (Allowed).

C.R.M. (A) 4785 of 2022 In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Bamongola P. S. Case No.86 of 2022 dated 27.03.2022 under Sections 420/468/120(B) of the Indian Penal Code. In the matter of : Biplab Mandal & Ors.

... Petitioners.

Mr. M. A. Sk.

...for the Petitioners.

Md. Anwar Hossain Ms. Ratna Ghosh .....for the State.

It is submitted on behalf of the petitioners that they are bonafide purchasers for value of the property concerned. Civil dispute is pending by and between the parties. Learned Advocate appearing for the State opposes the prayer for anticipatory bail. He submits that the petitioners have procured the property by forging sale deed. We have considered the materials on record. Petitioners are bonafide purchasers for value. Civil suit is pending between the parties.

Keeping in mind the aforesaid circumstances, we are of opinion custodial interrogation of the petitioners are not necessary and they may be granted anticipatory bail. Accordingly, we direct that in the event of arrest the petitioners shall be released on bail upon furnishing a bond of Rs.10,000/- each with two sureties of like amount each, to

the satisfaction of the arresting officer and subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure, 1973 and on further condition that the petitioners shall appear before the trial court and pray for regular bail within a period of four weeks from date. This application for anticipatory bail is, thus, disposed of.

(Ajay Kumar Gupta,J.) (Joymalya Bagchi, J.)