Nirmalendu Pati And ORS. v. The State Of West Bengal

02.02.2024 Item No.50 Ct. No. 29 CHC Allowed C.R.M.(A) 5417 of 2023 In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Tamluk Police Station Case No. 995/2023 dated 27.08.2023 under Sections 341/323/325/307/506/34 of the Indian Penal Code, 1860.

And In the matter of : Nirmalendu Pati & ors.

...... petitioners Mr. Sabir Ahmed, Mr. Tasnim Ahamed, Mr. Dhiman Banerjee ....for the petitioners Mr. S. S. Imam, Ms. Rita Datta ....for the State Petitioners pray for anticipatory bail.

Three persons apparently suffered injuries in an incident of assault.

There is a counter police complaint also. None of the injuries were classified as grievous hurt.

The injured stated that, they suffered injuries from fist blow and bamboo stick.

In such circumstances, we grant anticipatory bail to the petitioners.

Accordingly, we direct that in the event of arrest the petitioners shall be released on bail upon furnishing a bond of Rs.10,000/- (Rupees Ten Thousand only) each, 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 petitioners will report before the Investigating Officer once in a month till the conclusion of investigation and on condition that the petitioners 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 petitioners in Court including cancelling the anticipatory bail granted without further reference to this Court.

This application for anticipatory bail is, thus, allowed. CRM(A) 5417 of 2023 is disposed of.

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