Firoj Patowari And ANR v. The State Of West Bengal

IN THE HIGH COURT AT CALCUTTA

Circuit Bench at Jalpaiguri 27.02.2023.

148.

as (Allowed).

C.R.M. (A) 98 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.422 of 2022 dated 30.08.2022 under Sections 447/341/323/324/325/307/506/34 of the Indian Penal Code.

In the matter of : Firoj Patowari & Anr.

... Petitioners.

Mr. Subhasish Misra, Mr. Swarup Das.

...for the Petitioners.

Mr. Kallol Acharjee, Mr. Ohattu Roy.

.....for the State.

It is submitted on behalf of the petitioners incident occurred in course of a land dispute.

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

We have considered the materials on record and the injuries suffered by the victim. Nature of injuries may be assessed during trial. Investigation is complete. Custodial interrogation of the petitioners is not necessary and they may be granted anticipatory bail.

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.)