Calcutta High CourtCRM (A)/2561/2025partly allowed

Tarun Kumar Mukherjee And ORS. v. State Of West Bengal

2025-08-11Hon'Ble Justice Jay Sengupta2 pages

11/08/2025 D/L 60 Ct. No.28 S.Kundu C.R.M.(A) 2561 of 2025 Partly 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 Purulia (T) police station case no. 260/2025 dated 1.7.2025 under sections 329(4)/324(4)/126(2)/115(2)/118(1)/351(2)/3(5) of the BNS.

In the matter of: Tarun Kumar Mukherjee & Ors. ... Petitioners Mr. A. Bhattacharyya ...for the petitioners.

Mr. Bidyut Kr. Roy Mr. Ashok Das ...for the State.

1. Learned counsel appearing for the petitioners submits that an altercation arose out of dispute between neighbours over building of a boundary wall. No grievous injury was inflicted.

2. Learned counsel appearing for the State strongly opposes the prayer for anticipatory bail. He refers to the medical report of the petitioners and submits that because of the assault there was a traumatic rupture of the left tympanum of the victim. It had to be operated upon. He also refers to the statement of the victim present in the case diary.

3. Considering the materials available in the case diary, the nature of injury inflicted and the alleged roles ascribed to each of the petitioners, while I am inclined to grant anticipatory bail to the petitioner no. 3 (Bandana

Mukherjee), the application for anticipatory bail of the petitioner no. 1 and 2 is rejected.

4. In the event of arrest, the petitioner no. 3 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 said petitioner shall cooperate with the investigation and shall not threaten or intimidate witnesses.

5. Accordingly, the application for anticipatory bail is allowed-in-part.

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

(Jay Sengupta, J.)