Lalan Fakir v. State Of West Bengal

AD 21 July 15, 2025 Ct. 28 SG CRM(A) 2199 of 2025 Reject An application for anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Thanarpara P.S. Case No.184 of 2025 dated 19.06.2025 under Sections 25(1-B)(c)/25(6)/29 of the Arms Act, 1959. And In the matter of:

Lalan Fakir ... petitioner Mr. Arnab Chatterjee Mr. Amanul Islam Mr. Sourav Mukherjee ... for the petitioner Mr. Bidyut Kumar Ray Md. Ejaz Akhter ... for the State Learned counsel for the petitioner submits that the only material available against the petitioner is the statement of a co-accused which is inadmissible in evidence. Learned counsel for the State relies on the case diary, opposes the prayer for anticipatory bail and submits that at the time of raid only one person could be apprehended while the others fled away. He points to the statements of a raiding party member as well as a local witness. There are at least three criminal antecedents against the present petitioner and he is known as "Bahubali" of that area.

Had all the accused been apprehended at the time of raid, it could have been ascertained whether the petitioner was there among the accused who fled away.

Considering the incriminating materials available in the case diary, the statement of the local witness and the criminal antecedents of the petitioner, I am not inclined to grant anticipatory bail to the petitioner.

The application for anticipatory bail is, thus, rejected. Urgent photostat certified copy of this order, if applied for, be supplied to the parties upon compliance of requisite formalities.

(Jay Sengupta, J.)