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Judgment
Prashant Kumar, J.—At the outset, it is submitted that Petitioner No. 1, Abadin Sk. @ Md. Abadin has already been arrested. Therefore, anticipatory bail application on his behalf has become infructuous.
Accordingly, anticipatory bail application of Petitioner No. 1, Abadin Sk. @ Md. Abadin is dismissed as infructuous.
So far Petitioner No. 2, Anamul Sk. is concerned, his application moved by Miss Nehala Sharmin and opposed by Sri H.K. Shikarwar, Additional P.P.
First Information Report reveals that occurrence alleged to have been taken place on 23.07.2009, but First Information Report lodged on 27.07.2009. It then appears from Annexure 2 that co-accused namely Abedin Sheikh lodged a First Information Report against the informant and others on 26.07.2009 i.e. one day before the present First Information Report. It further appears that parties have already compromised their dispute outside court and filed compromise Petition in the court below vide Annexure 3.
Considering the aforesaid facts and circumstance, I allow anticipatory bail application of Petitioner No. 2, Anamul Sk. and I direct him to surrender in the court below by 8th April 2011. If he surrenders by that time, learned court below is directed to enlarge him on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Rajmahal in connection with Radhanagar (Rajmahal) P.S. Case No. 170 of 2009 corresponding to G.R. No. 298 of 2009, subject to the condition as laid down u/s 438(2) of the Code of Criminal Procedure.