Mostafa Mandal@Masta Mal v. State Of West Bengal

23.11.2022 Serial no.40 Aloke CRM (A) 5388 of 2022 In re : An Application for Anticipatory Bail under Section 438 of the Code of Criminal Procedure in connection with Tehatta Police Station Case No. 441 of 2022 dated 02.06.2022 under Sections 341/326/307 of the Indian Penal Code and Sections 25/27 of Arms Act.

-AndIn the matter of : Mostafa Mandal @ Masta Mal ... ... Petitioner Mr. Imtiaz Ahmed, Advocate Ms. Ghazala Firdaus, Advocate Mr. M. Islam, Advocate Mr. Sk. Saidullah, Advocate Ms. Smita Saha, Advocate Mr. Mithun Mondal, Advocate ... ... For the Petitioner Mr. Ranabir Roy Chowdhury, Advocate Mr. Sandip Chakraborty, Advocate ... ...For the State Petitioner seeks anticipatory bail.

Learned Advocate appearing for the petitioner draws the attention of the Court to the police complaint lodged. Learned Advocate appearing for the State submits that the victim suffered bullet injuries. There are eye witnesses recorded statements under Section 161 of the Code of Criminal Procedure stating that the petitioner fired the bullet. There is also a statement under Section 164 of the Code of Criminal Procedure of the injured implicating the petitioner.

There are statements recorded under Section 164 of the Code of Criminal Procedure of the injured as also the statements under Section 161 of the Code of Criminal Procedure which implicates the petitioner. In such circumstances, we are unable to grant anticipatory bail to the petitioner.

Prayer for anticipatory bail of the petitioner is rejected. CRM (A) 5388 of 2022 is dismissed.

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