Bishnupada Das And ORS v. State Of West Bengal

22.06.2026 Court No.28 Item No.87 tbsr Allowed CRM (A) 1703 of 2026 In Re: - An application for anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Raghunathganj P.S. Case No.634 of 2026 dated 25.05.2026 under Sections 126(2)/115(2)/117(2)/109(1)/351(2)/3(5) of the Bharatiya Nyaya Sanhita, 2023.

And In the matter of: Bishnupada Das & Ors.

....Petitioners.

Mr. Krishan Roy Mr. Subhajit Mukherjee Ms. Isita Kundu ...for the petitioners.

Mr. Rajesh Kumar Shah .....for the State.

Report filed on behalf of the State is taken on record. Learned counsel appearing on behalf of the petitioners submits as follows. There is a property dispute between the petitioners and the de facto complainant. Earlier, the petitioners had lodged several GD entries in this regard. As a power of attorney holder, the petitioner no. 1 filed a suit in which an order of status quo was passed. The petitioners were also constrained to file an FIR regarding assault and trespass. As a counter measure, an FIR was filed on behalf of the de facto complainant. It ended in a final report. This prompted the other side to file another FIR without disclosing any of the previous facts. The petitioners have been falsely implicated in this case. Learned counsel appearing on behalf of the State relies on the case diary and opposes the prayer for anticipatory bail. He refers to the statements of witnesses and the injury report, which, however, does not show infliction of any grievous injury.

Considering the above, the other materials available in the case diary and the fact that there are pending litigations between the parties, I do not think that custodial interrogation of the petitioners is required in this case and I am inclined to grant anticipatory bail to the petitioners.

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 condition that the petitioners shall cooperate with investigation, shall not threaten or intimidate witnesses and the petitioner nos. 1 and 2 shall meet the I.O. once a fortnight till submission of report in final form.

The application for anticipatory bail is, thus, allowed. Urgent photostat certified copy of this order may be supplied to the parties expeditiously, if applied for.

(Jay Sengupta, J.)