Rahim Miah @ Rahim Ali And ORS v. The State Of West Bengal

CIRCUIT BENCH OF CALCUTTA HIGH COURT AT JALPAIGURI 05.01.2023 Court No.1 (SKB 57) CRM(A) 671 OF 2022 In Re: An application for anticipatory bail under Section 438 of the Code of Criminal Procedure, 1973 in connection with Dinhata Police Station Case No.225 of 2021 dated 05.05.2021 under Sections 341/326/307/34 of the Indian Penal Code.

And In the matter of: Rahim Miah @ Rahim Ali and others . .. . . . . .Petitioners.

Mr. Tapabrata Ghosh, Mr. Sandeep Dutta Mr. Dhiman Roy ... For the Petitioners.

Mr. Nilay Chakraborty, Mr. Biswarup Roy ... For the State.

Considering the material on record which shows that the 5 petitioners before us were part of a group of 12 members against who chargesheet was submitted and further that no weapons were subsequently recovered from the 12 persons, we are inclined to hold that custodial interrogation of the petitioners is not required in the present case, besides chargesheet has already been submitted.

We accordingly direct that in the event of arrest, the petitioners shall be released on bail upon furnishing a bond of Rs.10,000/- (Rupees Ten Thousand) each with two sureties of like amount to the satisfaction of the Arresting Officer.

The application for anticipatory bail being CRM(A) 671 of 2022 is allowed and disposed of in terms of the above. (SIDDHARTHA ROY CHOWDHURY, J.) (MOUSHUMI BHATTACHARYA, J.)