Bishnu Barman And ORS v. State Of West Bengal

20.10.2020 ssd DL-57 CRM 8250 of 2020 (Via Video Conference) In Re: - An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Cooch Behar Kotawali P.S. Case No.805 of 2019 dated 21.11.2019 under Sections 143/341/304/435/120B of the Indian Penal Code. And In the matter of: Bishnu Barman and ors.

....Petitioners.

Mr. Hillon Saha Podder ...for the Petitioners.

Mr. Niloy Chakraborty Mr. B. Roy ...for the State.

The petitioners undertake to affirm and stamp the petition as per the Rules within one week of resumption of normal functioning of the court. The petition is taken up through video conference on the basis of such undertaking.

The petitioners claim that merely because the local panchayat authorities owe allegiance to a different political party, the petitioners have been needlessly named in a matter relating to the beating to death of two alleged cattle smugglers. The State says that the incident took place in November 2019 and the charge-sheet was filed in March, 2020, but the petitioners appear to have surfaced only thereafter. These petitioners claim to be the activists of a political party. Further, the charge-sheet reveals the involvement of these petitioners in the

incident which resulted in two persons dying upon certain people considering themselves to be the judge, jury and the executioner. The petitioners do not deserve any latitude at this stage. The prayer for anticipatory bail is rejected.

CRM 8250 of 2020 is disposed of.

(Sanjib Banerjee, J.) (Arijit Banerjee, J.)