Sushil Biswas @Sushil Kumar Biswas v. State Of West Bengal

28.09.2020 SL No.21 Court No.16 (gc) (Partly-Allowed) CRM 6972 of 2020 CRAN 1 of 2020 (Through Video Conference) In Re: - An application for anticipatory bail under Section 438 of the Code of Criminal Procedure filed on 14.09.2020 in connection with Sahebganj P.S. Case No.308/2020 dated 28.07.2020 under Sections 341/326/307/506/34 of the Indian Penal Code.

And In the matter of: Sushil Biswas @ Sushil Kumar Biswas & Ors. ....Petitioners.

Mr. Sudip Guha ...for the Petitioners.

Mr. Aditi Shankar Chakraborty, Mr. Biswaroop Roy ...for the State.

The petitioners undertake to affirm and stamp the petition/application as per Rules within one 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.

Considering the materials available in the Case Diary and the respective roles ascribed to the present petitioners, we are not inclined to grant anticipatory bail to the petitioner No.3, namely, Sujan Kumar Biswas. However, we are inclined to allow the prayer for anticipatory bail of the petitioners Nos.1 and 2, namely, Sushil Biswas @ Sushil Kumar Biswas and Subal Kumar Biswas. In the event of arrest the petitioners Nos.1 and 2 shall be released on bail upon furnishing a bond of Rs.10,000/- (rupees ten thousand) each together with two sureties of like amount

each, one of whom must be local, to the satisfaction of the arresting officer subject to the condition as laid down under Section 438(2) of the Cr.P.C.

The application for anticipatory bail being CRM 6972 of 2020 is partly allowed.

All parties are to act on a website copy of this order on the usual undertaking.

(Jay Sengupta, J.) (Soumen Sen, J.)