Calcutta High Court (Appellete Side)
Sk Mujibar Rahaman @ Mujibul vs The State Of West Bengal on 6 December, 2018
Author: Sanjib Banerjee
Bench: Sanjib Banerjee
1 Serial No.89(M/L). December 6, 2018. SG Allowed CRM 10499 of 2018 In Re. An application for anticipatory bail under Section 438 of the Code of Criminal Procedure.
In the matter of:
Sk Mujibar Rahaman @ Mujibul Rahaman and another
-versus-
The State of West Bengal Mr Asit Nayek ... for the petitioners.
Ms Anasuya Sinha ... for the State.
The petitioners seek anticipatory bail in connection with Panskura Police Station Case No.161 of 2018 dated April 9, 2018 under Sections 448/436/379/427/506/34 of the Indian Penal Code.
The petitioners claim that following a land dispute, there was an altercation and exaggerated charges have been brought against the petitioners.
The State produces the case diary and there does not appear to be any injury report appended thereto.
Considering the nature of the incident and the minor injuries that may have been suffered, there is no need to take the petitioners into custody at this stage.2
Accordingly, in the event of arrest, the petitioners are directed to be released on bail upon furnishing bonds of Rs.10,000/- (Rupees Ten Thousand Only) each, with two sureties of Rs.5,000/- (Rupees Five Thousand Only) each, one of whom must be local, to the satisfaction of the arresting officer, subject to the conditions laid down in Section 438(2) of the Code of Criminal Procedure, 1973. In addition, the petitioners will also report to the investigating officer at such time and place as may be specified by the concerned police officer, till the investigation is completed.
The petition for anticipatory bail is allowed on the conditions indicated above.
A certified copy of this order be immediately made available to the petitioners, subject to compliance with all requisite formalities.
( Sanjib Banerjee, J. ) ( Suvra Ghosh, J. ) 3