Prabir Biswas And ANR v. State Of West Bengal

23.08.2024 Court No.1 Item No.12 pk/AP HIGH COURT AT CALCUTTA CIRCUIT BENCH AT JALPAIGURI CRM(A) 653 of 2024 In Re: - An application for anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Phansidewa P.S. Case No.288 of 2024 dated 24.07.2024 under Sections 118(2)/109/74/303(2)/3(5) of the Bharatiya Nyaya Sanhita, 2023.

And In the matter of: Sri Prabir Biswas and Anr.

....Petitioners.

Mr. Sudip Kumar Paul Mr. Shubhankar Dutta ...for the petitioners.

Mr. Kallol Acharjee Mr. Chattu Roy ...for the State.

1.

The application for anticipatory bail is canvassed on the ground that the injuries are not consistent with the sections under which the petitioners have been charged. 2.

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

3.

The injury report indicates that the same is simple in nature and the complainant has himself narrated the same. 4.

In view of the above, the petitioners made out a case for anticipatory bail.

5.

Hence, this Court is inclined to grant anticipatory bail to the petitioners.

6.

Accordingly, we direct that in the event of arrest, the petitioners be released on bail upon furnishing a bond of Rs.1,000/- (Rupees One Thousand Only) 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 corresponding to Section 482(2) of the BNSS, 2023.

7.

The application for anticipatory bail is, thus, allowed. (Rajasekhar Mantha, J.) (Ajay Kumar Gupta, J.)