Suresh Kumar Patni v. State Of West Bengal

02.02.2021 Item no.101 Court No.28 Avijit Mitra C.R.M. 8870 of 2020 (through video conference) with IA no. CRAN 1 of 2021 In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure filed in connection with Kulti Police Station Case no.309 of 2018 dated 07.08.2018 under Sections 406/409 of the Indian Penal Code;

And In Re : Suresh Kumar Patni .... petitioner Mr. Sourav Chatterjee, Mr. Apurba Das ....for the petitioner Mr. Saibal Bapuli, Ms. Sayanti Santra ...... for the State In connection with the present application for anticipatory bail being CRM 8870 of 2020, an application for extension of time to surrender before the Court of the learned Chief Judicial Magistrate, Asansol, being CRAN 1 of 2021, has been filed.

Mr. Chatterjee, learned advocate appearing for the petitioner submits that by an order dated 24th December, 2018 the learned Sessions Court was pleased to grant pre-arrest bail to the petitioner and others with a condition that they should surrender before the Court of the learned Chief Judicial Magistrate, Asansol within 30 days. However, the petitioner

could not surrender due to his ailments. The application for anticipatory bail filed thereafter before the learned Sessions Court was rejected. Accordingly, the petitioner filed the present application being CRM 8870 of 2020 in which an order was passed on 1st December, 2020 granting liberty to the petitioner to pray for regular bail before the learned trial court within two weeks from date.

Mr. Chatterjee submits that the petitioner is aged about 61 years and is suffering from various ailments and as such he could not avail the liberty as granted by the order dated 1st December, 2020.

Having heard the learned advocates appearing for the respective parties and upon considering the averments made in the application being CRAN 1 of 2021, the petitioner is granted liberty to pray for regular bail before the learned trial court within two weeks from date.

Accordingly, the application being CRAN 1 of 2021 is disposed of.

(Tirthankar Ghosh, J.) (Tapabrata Chakraborty, J.)