Calcutta High CourtCRM (A)/141/2026partly allowed

Posiruddin @ Pashiruddin And ORS. v. State Of West Bengal

2026-02-04Hon'Ble Justice Jay Sengupta2 pages

04.02.2026 Court No.28 Item No.35 tbsr Partly Allow CRM (A) 141 of 2026 In Re: - An application for anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023/Section 438 of the Cr.P.C., 1973 in connection with Chopra P.S. Case No.655 of 2022 dated 03.11.2022 under Sections 447/341/323/326/307/506/34 of the IPC.

And In the matter of: Posiruddin @ Pashiruddin & Ors. ....Petitioners.

Mr. Shaharayar Alam Mr. S. Alam ...for the petitioners.

Ms. Sukanya Bhattacharya Ms. Sreetama Das .....for the State.

Heard the learned counsels for the parties.

Perused the case diary.

The petitioners are praying for anticipatory bail in an FIR that was lodged way back in the year 2022. The victim was there in hospital for 23 days. He suffered a fracture injury on his head, among other things.

Considering the materials available in the case diary including the statements of witnesses, the injury report and the alleged roles ascribed to each of the petitioners and the fact that charge sheet has been submitted, while I am inclined to grant anticipatory bail to the petitioner no. 4, the application for anticipatory bail of the petitioner nos. 1, 2 and 3 (Posiruddin @ Pashiruddin, Md. Ali and Manjur @ Manjur Alam) is rejected.

In the event of arrest, the petitioner no. 4 (Taufa @ Tofa Alam) shall be released on bail upon furnishing a bond of Rs.10,000/- with two sureties of like amount each, one of whom must be local, to the satisfaction of the Arresting Officer and also be subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure, 1973 corresponding to Section 482(2) of the BNSS, 2023 and on further condition that the petitioner No. 4 shall surrender before the learned jurisdictional Court within four weeks from this date and pray for bail and shall attend the jurisdictional Court regularly and shall not threaten or intimidate witnesses. The application for anticipatory bail is, thus, disposed of. Urgent photostat certified copies of this order may be delivered to the learned Advocates for the parties, if applied for, upon compliance of all formalities.

(Jay Sengupta, J.)