Soumyadip Biswas @ Banti Sarkar v. State Of West Bengal

AD-44 Ct No.25 10.07.2025 pk/sp CRM (A) 2040 of 2025 In Re: - An application for anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Bamongola Police Station Case No. 13 of 2025 dated 31.01.2025 under Sections 126(2)/115(2)/118(2)/117(2)/3(5) of the Bharatiya Nyaya Sanhita, 2023.

And In the matter of: Soumyadip Biswas @ Banti Sarkar .... Petitioner.

Mr. Amitava Karmakar, Mr. Arup Kr. Bhowmick.

... for the petitioner.

Ms. Sujata Das, Mr. Prakash Mishra.

..for the State.

1. This is an application for anticipatory bail filed in connection with Bamongola Police Station Case No. 13 of 2025 dated 31.01.2025 under Sections 126(2)/115(2)/118(2)/117(2)/3(5) of the Bharatiya Nyaya Sanhita, 2023.

2. Learned counsel for the petitioner submits that the injury was not on the vital part of the body, but was on the chin of the victim. He submits that the victim was not hospitalized. He further submits that the petitioner shall cooperate with the investigation as and when necessary.

3. Learned counsel for the State opposes the prayer for anticipatory bail and submits that the victim has suffered grievous injury on his chin and cheek. He further submits that the injury was caused by the hitting of iron rod.

4. This Court has considered the materials on record. Admittedly, the injury was on the cheek of the victim and did not require hospitalization. There are no other criminal antecedents of the petitioner. Injury report also indicates that victim was intoxicated.

5. Taking into consideration the facts and circumstances of the case, this Court is of the opinion that the petitioner may be granted anticipatory bail.

6. Accordingly, this Court directs, in the event of arrest, the petitioner shall be released on bail upon furnishing a bond of Rs. 5000/- (Rupees Five thousand only), with two sureties of like amount each, one of whom must be local, to the satisfaction of the learned Chief Judicial Magistrate, Malda subject to the conditions that the petitioner shall meet the Investigating Officer twice in a week at 4:00 P.M. at the concerned police station till completion of the investigation until further orders. He shall furnish his residential address and mobile number to the Investigating Officer and shall not change/alter the same without prior intimation. He shall not intimidate witnesses or tamper with evidence in any manner whatsoever. He shall also cooperate with the investigation.

7. The application for anticipatory bail thus stands allowed. (Dinesh Kumar Sharma, J.)