Bimal Barman And ANR v. The State Of West Bengal

IN THE HIGH COURT AT CALCUTTA

Circuit Bench at Jalpaiguri 27.02.2023.

151.

as (Allowed).

C.R.M. (A) 101 of 2023 In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Sitalkuchi P. S. Case No.358 of 2022 dated 19.12.2022 under Sections 447/325/326/354/34 of the Indian Penal Code.

In the matter of : Bimal Barman & Anr.

... Petitioners.

Mr. Biswajit Das, Mr. Sandip Guha Roy.

...for the Petitioners.

Mr. Kallol Acharjee, Mr. Sourav Ganguly.

.....for the State.

Heard the learned Advocates for the parties.

We have considered the materials on record as well as the injury report. There was a dispute over cultivation of land. Whether the injury is grievous may be assessed during trial.

In view of the aforesaid circumstances, we are inclined to grant anticipatory bail to the petitioners. 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.)