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Calcutta High CourtCRM/6763/2020allowed

Nimai Das v. State Of West Bengal

2020-09-18Hon'Ble Justice Joymalya Bagchi (27.06.2011 - 29.08.2020),Hon'Ble Justice Suvra Ghosh2 pages

18.09.2020.

46.

as (Allowed).

C.R.M. 6763 of 2020 With C.R.A.N.1 of 2020 (Via Video Conference) In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with CR Case No.78 of 2020 arising out of S.I(BNT)'s S.L.No.18/19-20 dated 18.08.2019 under Sections 46b/46A( c )( e )/52/61 of Bengal Excise Act, 1909.

In the matter of : Sri Nimai Das.

... Petitioner.

Mr. Kalipada Das.

...for the Petitioner.

Mr. Tapan Bhattacharyya.

.....for the State.

Heard the learned Advocates appearing for the parties. Petitioner undertakes to affirm and stamp the petition/application as per Rules within a month of resumption of normal functioning of the Court.

Subject to such undertaking, the application is taken up for hearing through video conference.

Accordingly, the application, being CRAN 1 of 2020, is disposed of.

Having considered the materials on record and keeping in mind the fact that illicit liquor has already been recovered, we are of the view custodial interrogation of the petitioner for progress of investigation may not be necessary and he may be granted anticipatory bail.

Accordingly, we direct that in the event of arrest the petitioner, viz., Sri Nimai Das shall be released on bail upon furnishing a bond of Rs.10,000/-, 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.

This application for anticipatory bail is, thus, disposed of.

All concerned parties shall act in terms of the copy of the order downloaded from the official website of this Court. (Suvra Ghosh,J.) (Joymalya Bagchi, J.)