Bijoy Mandal And ANR. v. State Of West Bengal

20.03.2025 Item No.29 Ct. No. 26 CHC Allowed C.R.M.(A) 949 of 2025 In Re:- An application for anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, in connection with Harishchandrapur Police Station Case No. 43 of 2025 dated 17.01.2025 under Sections 127(2)/ 117(2)/ 118(2)/ 109/3(5) of the Bhartiya Nyaya Sanhita, 2023, pending before the Learned Court of A.C.J.M., Chanchal, Malda. And In the matter of : Bijoy Mandal & Anr.

...... petitioners Mr. Sujoy Sarkar, Advocate Mr. Musharraf Alam Sk. Advocate ....for the petitioners Mr. Partha Pratim Das, Advocate Mr. Debanshu Ghorai, Advocate ....for the State

1. An elderly gentleman suffered simple injury in an incident of assault.

2. Injury suffered and the manner in which the injury was said to be inflicted does not suggest that, it is life threatening.

3. In such circumstances, we grant anticipatory bail to the petitioners.

4. Accordingly, we direct that in the event of arrest the petitioners will be released on bail upon furnishing a bond of Rs.10,000/- (Rupees Ten Thousand only) each, 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 petitioners shall meet the Investigating Officer once in a month till the conclusion of investigation and on condition that the petitioners 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 petitioners 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.)