Biswajit Sarkar v. State Of West Bengal

24/07/2025 D/L 60 Ct. No.28 S.Kundu C.R.M.(A) 2329 of 2025 Allowed In Re:- An application for anticipatory bail under section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023/under Section 438 of the Code of Criminal Procedure. In connection with Kotwali police station case no. 340 of 2025 dated 21.3.2025 under sections 85/109/3(5) of the BNS.

In the matter of: Biswajit Sarkar ... Petitioner Mr. Sumanta Das Mr. Anilash Tripathi Ms. Sayantika Saha ...for the petitioner.

Mr. Anwar Hossain Mr. Anindya Sundar Chatterjee ...for the State.

1. Learned counsel appearing on behalf of the petitioner submits as follows. On the day of "Jamai Sasthi" when the vegetarian petitioner went to his in-law's place, he was forcibly administered non-veg items. This led to an altercation. Injuries were sustained by both the sides.

2. Learned counsel appearing for the State strongly opposes the prayer for anticipatory bail.

3. Considering the materials available in the case diary, I do not think that custodial interrogation of the petitioner is required in this case and I am inclined to grant anticipatory bail to the petitioner.

4. In the event of arrest, the petitioner 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 further conditions that the petitioner shall cooperate with the investigation and the petitioner shall not threaten or intimidate witnesses.

5. Accordingly, the application for anticipatory bail is allowed.

6. Urgent photostat certified copy of this order, if applied for, be given to the parties upon compliance with requisite formalities.

(Jay Sengupta, J.)