Prahlad Kumar Majhi v. State Of West Bengal

13.02.2024 Item No.112 Ct. No. 29 CHC Allowed C.R.M.(A) 5397 of 2023 In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Hariharpara Police Station Case No. 396/2023 dated 09.09.2023 under Sections 381/409/417/465/468 of the Indian Penal Code. And In the matter of : Prahlad Kumar Majhi ...... petitioner Ms. Minoti Gomes, Mr. Amanul Islam, Mr. Sourav Mukherjee, Ms. Dona Sanyal ....for the petitioner Mrs. Zareen N. Khan, Mr. Sk. Arif Hossain ....for the State Report submitted in Court be taken on record. Petitioner prays for anticipatory bail.

The Court is informed that, the petitioner deposited the alleged defalcated amount.

In such circumstances, we do not find necessity of custodial interrogation of the petitioner.

Consequently, we grant anticipatory bail to the petitioner. Accordingly, we direct that in the event of arrest the petitioner shall be released on bail upon furnishing a bond of Rs.10,000/- (Rupees Ten Thousand only), 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 petitioner will report before the Investigating Officer once in a month till the conclusion of investigation and on condition that the petitioner 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 petitioner in Court including cancelling the anticipatory bail granted without further reference to this Court. This application for anticipatory bail is, thus, allowed. CRM(A) 5397 of 2023 is disposed of.

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