Haren Mahato v. State Of West Bengal

28.03.2025 Item No.21 Ct. No. 26 CHC Allowed C.R.M.(A) 1052 of 2025 In Re:- An application for anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, in connection with Habibpur Police Station F.I.R. No. 188 of 2024 dated 17.07.2024 under Sections 329(4)/118(2)/109/74 of the Bharatiya Nyaya Sanhita, 2023, pending before the Court of Learned Chief Judicial Magistrate, Malda.

And In the matter of: Haren Mahato ...... petitioner Mr. Sayantan Hazra, Advocate Mr. Avijit Ganguly, Advocate ....for the petitioner Mr. Binoy Kumar Panda, Advocate Mr. Ranit Mookherjee, Advocate ....for the State

1. Police filed charge sheet.

2. Co-accused was enlarged on anticipatory bail by the order dated March 17, 2025 passed in CRM(A) 916 of 2025.

3. Petitioner stands on the same footing as that of such coaccused.

4. In such circumstances, we are inclined to grant anticipatory bail to the petitioner.

5. 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.

6. This application for anticipatory bail is, thus, allowed. (Debangsu Basak, J.) (Md. Shabbar Rashidi, J.)