Bijoy Kumar Saha v. State Of West Bengal

09.01.2024 Item No.155(M.L.) Ct.No.29 dc./srm Rejected C.R.M. (A) 4781 of 2023 In Re : An Application for anticipatory bail under Section 438 of the Code of Criminal Procedure filed in connection with Nabadwip Police Station Case No. 333 of 2023 dated 27.06.2023 under Sections 419/420/468/469 of the Indian Penal Code.

And In Re :

Bijoy Kumar Saha ... Petitioner.

Mr. P. Baidya, Mr. Subir Debnath, Ms. Roma Roy ... For the Petitioner.

Mr. Binay Panda, Mr. Subhan Bhakat ... For the State.

The application for anticipatory bail is taken up for consideration subsequent to the order dated October 17, 2023 passed by the Coordinate Bench.

By such order, an interim anticipatory bail was granted to the petitioner.

It is submitted at the bar that such order was passed without considering the materials in the case diary and in view of the ensuing puja vacation.

We perused the materials in the case diary.

Petitioner apparently claimed that his brother expired while materials in the case diary suggest otherwise. On the basis of the claim his brother expired, he obtained succession in respect of the immovable property and the sold the same.

The role of the petitioner in the incident requires investigation.

In such circumstances, we are unable to confirm the interim order dated October 17, 2023 or grant anticipatory bail to the petitioner.

Accordingly, the prayer for anticipatory bail of the petitioner is rejected.

CRM(A) 4781 of 2023 is dismissed.

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