Prabir Nayek v. State Of West Bengal

08.10.2020.

22.

as (Allowed).

C.R.M. 7596 of 2020 (Via Video Conference) In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Serampore P.S. Case No.254 of 2020 dated 30.08.2020 under Sections 279/304 of the Indian Penal Code and Sections.

In the matter of : Prabir Nayek.

... Petitioner.

Mr. Sabir Ahmed, Mr. Imadul Biswas.

...for the Petitioner.

Mr. Rana Mukherjee, ld. A.P.P., Mr. Nirupam Dhali.

.....for the State.

Liberty is given to the learned Advocate-on-record of the petitioner to correct the cause title of the petition. Heard the learned Advocates appearing for the parties. It is submitted on behalf of the petitioner that the victim died due to a road traffic accident. Ingredients of the offence punishable under Section 304 of the Indian Penal Code are not disclosed in the facts of the case.

Learned Advocate appearing for the State opposes the prayer for anticipatory bail.

Having considered the materials on record and bearing in mind the facts and circumstances of the case in the light of the aforesaid submission made on behalf of the petitioner, we are inclined to grant pre-arrest bail to the petitioner.

Accordingly, we direct that in the event of arrest the petitioner Prabir Nayak 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. (Aniruddha Roy,J.) (Joymalya Bagchi, J.)