Manik Miya @ Manik Rahaman v. The State Of West Bengal

01.02.2023 mb Calcutta High Court In the Circuit Bench at Jalpaiguri CRM (A) 744 of 2022 In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure filed on 08.12.2022 in connection with Dinhata Police Station Case No. 348 of 2022 dated 20.07.2022 under Sections 341/323/326/307/ 506/34 of the Indian Penal Code.

In the matter of : Manik Miya @ Manik Rahaman ... Petitioner Mr. Hillol Saha Poddar ...for the Petitioner Mr. Arun Kumar Sarkar, Mr. Tapan Bhattacharjee .....for the State.

According to learned counsel for the petitioner, the petitioner should have a good case here in view of other coaccused persons have been granted anticipatory bail and also in view of the fact that the quarrel happened between the parties, wherein the petitioner could not have been any specific intention to commit the offence alleged against him. Learned counsel appearing for the State raised objection to the prayer for bail.

Perused the materials in the case dairy.

It appears that the petitioner stand on a different footing from that of the other co-accused who have granted anticipatory bail. Specific allegation of stabbing with a sharp cut weapon is levelled against the present petitioner.

Investigation is still in progress. Therefore, at this early stage, the petitioner's prayer for anticipatory bail is liable to be rejected.

Hence, CRM (A) 744 of 2022 is dismissed.

(Sabyasachi Bhattacharyya, J.) (Rai Chattopadhyay, J.)