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2020 DIGILAW 157 (GAU)

Shanti Ranjan Biswas v. State Of Assam

2020-02-07

PARTHIVJYOTI SAIKIA

body2020
JUDGMENT 1. Heard the learned counsel, Mr. A. R. Sikdar, appearing for the petitioners. Also heard Mr. T. K. Mishra, learned Additional Public Prosecutor, Assam, appearing for the State respondent. 2. By this application under Section 438 of the Cr.P.C., the accused petitioners, namely, Shanti Ranjan Biswas and Subash Biswas, have prayed for grant of pre-arrest bail in connection with Hojai P.S. Case No. 673/2019, registered under Sections 147/341/302 of the Indian Penal Code. 3. On the day of occurrence, some people were beating a person named Shukla Biswas when his brother Jagadish Biswas tried to save him from those people surrounded him and beat him. One person named Arabinda Biswas gave a lathi blow on the head of Jagadish Biswas, for which, he sustained serious injuries and later on succumbed to his injuries in the hospital. As many any 7 (seven) persons are named in the Ejahar. The 2 (two) persons are also named amongst them. 4. From the Case Diary, it appears that after Arabinda Biswas had given a lathi blow to Jagadish Biswas, the petitioner Shanti Ranjan Biswas had kicked him. 5. Considering the materials available in the Case Diary, the prayers for pre-arrest bail of the accused petitioners are allowed. Accordingly, it is directed that in the event of arrest the petitioners namely, Shanti Ranjan Biswas and Subash Biswas, they shall be released on bail of Rs. 10,000/- (Rupees ten thousand) only each with a surety of like amount subject to the satisfaction of the arresting authority. It is further provided that the petitioners shall continue to render full co-operation in the investigation and shall not indulge in any activities which are detrimental to the investigation. 6. The anticipatory bail application is, accordingly, disposed of.