Narayan Mandal v. State Of West Bengal

07.01.2020 tkm/ct 28 C.R.M. 12191 of 2019 sl no. 13 In Re : An application for anticipatory bail under section 438 of the Code of Criminal Procedure in connection with Bhaktinagar P. S case no 870 of 2019 dated 7.11.2019 under sections 285/336/411/418/414/420 of the Indian Penal Code read with section 7/8 of the Essential Commodities Act And Allowed In Re : Narayan Mondal @ Narayan Mandal & Anr. ...... petitioners Mr. A Banerjee ...... for the petitioners Mr. Abhra Mukherjee Mr. D Mahata ...... for the State It is submitted on behalf of the petitioners that illegal oils have been seized.

Learned lawyer for the State opposes the prayer for anticipatory bail and submits that the petitioners were dealing in petrol and diesel without valid licence.

Having considered materials on record and bearing in mind the fact that the petrol and diesel oils have been seized, we are of the opinion that custodial interrogation of the petitioners for progress of investigation 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 also 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 meet the investigating officer once in a week while on bail until further orders and that the petitioners shall

appear before the court below and pray for regular bail within four weeks from date.

The application being CRM 12191 of 2019 is disposed of. (Suvra Ghosh, J.) (Joymalya Bagchi, J.)