Nirmal Mahato @ Pacha Mahato v. State Of West Bengal

D/L40 17.03.2025 Rohit ct.no.26 C.R.M. (A) 916 of 2025 In Re: An application for anticipatory bail under Section 438 of the Code of Criminal Procedure, 1973/ under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection Habibpur Police Station FIR No. 188 of dated 17.07.2024 under Sections 329(4)/118(2)/109/74/351(3)/3(5) of the Bharatiya Nyaya Sanhita, 2023.

And In Re: Nirmal Mahato @ Pacha Mahato

...Petitioner

Mr. Sayantan Hazra ...for the petitioner Mr. I. Ali Mr. Amanul Islam ...for the State 1.

In an incident of assault, the injured suffered a slight injury on the neck. He was hospitalized for a day. Apparently, the injury was inflicted by a hard object.

2.

Police filed charge-sheet.

3.

Considering the nature of the incident, involvement of the petitioner and the fact that the police filed charge-sheet, we grant anticipatory bail to the petitioner.

4.

Accordingly, we direct that in the event of arrest the petitioner will be released on bail upon furnishing a bond of Rs.10,000/-(Rupees Ten Thousand only), with two sureties of like amount each, 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 and on further condition that the petitioner shall appear on every date before the jurisdictional court on and from the date fixed for appearance of the accused and in default the jurisdictional court will pass appropriate order to secure the presence of the petitioner in court including cancelling the anticipatory bail granted without further reference to this Court.

5.

This application for anticipatory bail is, thus, allowed.

(Debangsu Basak, J.) (Smita Das De, J.)