Nayan Barman And ORS v. The State Of West Bengal

IN THE HIGH COURT AT CALCUTTA

Circuit Bench at Jalpaiguri 27.02.2023.

133.

as (Allowed).

C.R.M. (A) 83 of 2023 In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Dinhata P. S. Case No.371 of 2022 dated 03.08.2022 under Sections 447/341/323/324/325/326/307/427/506/34 of the Indian Penal Code read with Sections 25/27 of the Arms Act and Sections 3 / 4 of the Explosive Substances Act. In the matter of : Nayan Barman & Ors.

... Petitioners.

Mr. Sudip Guha.

...for the Petitioners.

Mr. Ujjwal Luksom, Mr. Sourav Ganguly.

.....for the State.

Heard the learned Advocates for the parties.

Petitioners stand on the same footing with the coaccuseds who have been granted pre-arrest bail. Under such circumstances, we are inclined to grant anticipatory bail to them too.

Accordingly, we direct that in the event of arrest the petitioners shall be released on bail upon furnishing a bond of Rs.10,000/- each 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 and on further condition that the

petitioners shall appear before the trial court and pray for regular bail within a period of four weeks from date. This application for anticipatory bail is, thus, disposed of.

(Subhendu Samanta, J.) (Joymalya Bagchi, J.)