Golam Sarwar @ Ghulam Sarwar And ANR. v. State Of West Bengal

12.03.2026 Court No.28 Item No.33 ssi CRM (A) 644 of 2026 In Re: - An application for anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita in connection with Goalpokher Police Station Case No.629 of 2025 dated 19.11.2025 under Sections 329 (3)/189(4)/221/132/74/121(1)/121(2)/351(2)/3(5) of the BNS 2023 read with Section 3 of the Prevention of Damage to Public Property Act.

And In the matter of: Golam Sarwar @ Ghulam Sarwar & another. .... Petitioners Mr. Mujibar Ali Naskar Md. Habibur Rahman ...for the petitioners Mr. S. S. Imam Mr. Subham Bhakat ..for the State Learned counsel appearing on behalf of the petitioners submits as follows. A member of the ruling political dispensation had assaulted one Anwarul. The said Anwarul succumbed to his injury. But, no charges of murders were put for this. The said accused was able to obtained bail. All the villagers got infuriated and protested. As a result of this, the said villagers have been falsely implicated in this case. As many as about 44 accused were granted anticipatory bail by the Session Judge.

Learned counsel appearing on behalf of the State opposes the prayer for anticipatory bail. He relies on statements of witnesses and the injury report. He submits that it was at the instigation of the petitioner no.1 that of this mischief happened. Considering the above, the other materials available in the case diary including the injury report which does not show infliction of any

grievous injury, although I am inclined to grant anticipatory bail to the petitioners, the movement needs to be restricted for a limited period to the petitioner no.1.

In the event of arrest, the petitioners shall be released on bail upon furnishing a bond of Rs.10,000/- each 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 conditions that the petitioners shall co-operate with the investigation and shall not threaten or intimidate the witnesses. The petitioner no.1 shall meet the I.O. once a week till submission of report in final form. The petitioner no.1 shall stay outside the jurisdiction of Goalpokher Police Station for a period of two months from this date, except for attending the jurisdictional Court or meeting the Investigating Officer.

The application for anticipatory bail is, thus, disposed of. Urgent photostat certified copy of this order be supplied to the parties, if applied for, as early as possible. (Jay Sengupta, J.)