Miraj Sk @ Mirajul Sheikh And ORS. v. State Of West Bengal

July 1, 2026 8 ARDR (Allowed) CRM (A) 1691 of 2026 In Re : An Application under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 filed in connection with Saktipur Police Station Case No. 237 of 2024 dated 15/9/2024 under Sections 126(2)/118(2)/109(1)/3(5) of the BNS, 2023 and Section 9(b) of I.E. Act.

And In Re :

Miraj Sk @ Mirajul Sheikh & ors.

... Petitioners.

Adv. Robiul Islam, Adv. Sk. Jayed Hossain, Adv. Raju Mandal, Adv. Masooq Rahman, ... for the petitioners.

Adv. Omar Faruk Gazi, Adv. Shaoni Panda, Adv. Bidisha Das, ...for the de facto complainant.

Adv. Bikash Kr. Singh, ... for the State.

Learned counsel for the petitioners submits that there was a free fight between the parties and the victim has stated before the doctor that he sustained injury due to bursting of cracker. One of the co accused has been granted anticipatory bail. The petitioners claim to be similarly circumstanced.

Learned counsel for the State produces the case diary. Learned counsels for the State and the defacto complainant oppose the prayer and submit that the petitioners are the principal assailants. Case and counter case are pending between them. The injury is a result of a free fight between the parties. I have considered the material on record. There appears to have been a free fight between the petitioners and the defacto complainant. Case and counter case are pending between them. The victim has been discharged from the hospital. Investigation has proceeded sufficiently. Custodial interrogation of the petitioners may not be required.

Accordingly this Court is inclined to grant anticipatory bail to the petitioners.

In the event of arrest, the petitioners namely Miraj Sk @ Mirajul Sheikh, Tulu Sk @ Tulu Sekh, Sisan Sk @ Sisanabi Sk and Babu Sk @ Istajul Sk be released on bail upon furnishing 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 subject to the conditions laid down under Section 482(2) of the BNSS. The petitioners shall remain outside the jurisdiction of Saktipur police Station and shall furnish the address where they shall presently reside to the Investigating officer, the Trial Court and the officer in charge of the police station under whose jurisdiction they shall presently reside. They shall appear before the Investigating officer once a week till submission of charge sheet and shall enter the jurisdiction of Saktipur police station only for the said purpose. The petitioners shall appear before the learned jurisdictional Court and pray for regular bail within two weeks from date.

The application for anticipatory bail is disposed of. Case Diary be returned.

All parties shall act on the server copy of this order duly downloaded from the official website of this Court. Urgent certified website copy of this order, if applied for, be supplied to the parties upon compliance with all requisite formalities. (Suvra Ghosh, J.)