Xxxx v. State Of West Bengal And ANR

AD 61 August 21, 2025 Ct. 28 SG CRM(A) 2636 of 2025 Allowed An application for anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Tamluk P.S. Case No.363 of 2025 dated 10.05.2025 under Sections 126(2)/117(2)/118(2)/74/109/351(2)/3(5) of the BNS.

And In the matter of:

XXXX ... petitioner Mr. Arnab Chatterjee Mr. Abhinaba Mukherjee Ms. Poulami Bose Mr. Chandan Mondal ... for the petitioner Ms. Shaila Afrin Mr. Bikram Mitra ... for the State Learned counsel for the petitioner submits that there are case and counter case. The first one started from the side of the petitioner. A partition suit is pending between the parties since 2024 and an injunction order was granted. A case was also pending under Section 144 of Cr.P.C. Both sides received injuries. None of injuries was grievous in nature.

Learned counsel for the State relies on the statements of witnesses and injury report.

Considering the fact that there are case and counter case and both sides suffered injuries and the injury inflicted does not appear to be grievous, I do not find that custodial

interrogation of the petitioner is required in this case and I am inclined to grant anticipatory bail to the petitioner. In the event of arrest, the petitioner shall be released on bail upon furnishing a bond of Rs.10,000/- (rupees ten thousand) 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 the further conditions that the petitioner shall cooperate with the investigation and shall not threaten or intimidate witnesses.

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

(Jay Sengupta, J.)