Mithun Khan @ Mithu Khan v. The State Of West Bengal

30.01.2025 Item No.55 Ct. No. 26 CHC Allowed C.R.M.(A) 316 of 2025 In Re:- An application for anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, corresponding to Section 438 of the Criminal Procedure Code in connection with Shaktipur Police Station Case No. 167/2024 dated 19.06.2024 under Sections 342/ 447/ 323/ 325/ 307/ 354/379/427/34 of the Indian Penal Code and Section 9B of the Indian Explosive Act, pending before Learned Chief Judicial Magistrate, Murshidabad at Berhampore.

And In the matter of : Mithun Khan @ Mithu Khan ...... petitioner Mr. Robiul Islam, Advocate Mr. Masooq Rahaman, Advocate ....for the petitioner Mr. Debashis Ray, Ld. P.P.

Mr. Bidyut Kumar Ray, Ld. Sr. Advocate Mr. Rahul Ganguli, Advocate ....for the State 1.

Petitioner claims parity with co-accused who were granted anticipatory bail by the order dated November 4, 2024 passed in CRM(A) 3700 of 2024.

2.

Learned advocate appearing for the State draws the attention of the Court to the materials in the Case Diary. He submits that, there is prior police case involving the petitioner before us. The present incident occurred immediately day after the first police case.

3.

Learned advocate appearing for the petitioner submits that, petitioners of CRM(A) 3700 of 2024 were also accused in the earlier police case. He points out the contents of the

order of the coordinate Bench in respect of which, he is claiming parity for the petitioner before us. 4.

Coordinate Bench by order dated November 4, 2024 passed in CRM(A) 3700 of 2024 noted that, no one was injured in the incident. Coordinate Bench found that, requirement of custodial interrogation may not be necessary and consequently granted anticipatory bail to the petitioners therein.

5.

Petitioner before us stands on the same footing as that of the other petitioners of CRM(A) 3700 of 2024. The other petitioners were also involved in the prior police case. As noted by the coordinate Bench, in the present police case, no person was injured.

6.

In such circumstances, on the ground of parity, we grant anticipatory bail to the petitioner.

7.

Accordingly, we direct that in the event of arrest the petitioner shall be released on anticipatory bail upon furnishing a bond of Rs.10,000/- with two sureties of like amount each, to the satisfaction of the arresting officer and also subject to the condition as laid down under Section 482(2) of the B.N.S.S. but his movement requires to be restricted in order to ensure that there is no recurrence of in similar incidents and petitioner shall not enter the jurisdictional police station and also petitioner shall appear before the Court below and pray for regular bail within a period of four weeks from date.

8.

The application for anticipatory bail is, thus, allowed.

9.

CRM(A) 316 of 2025 is disposed of.

(Debangsu Basak, J.) (Md. Shabbar Rashidi, J.)