Mohitosh Nayek v. State Of West Bengal

24.02.2026 Court No.28 Item No.4 ssi CRM (A) 3543 of 2025 In Re: - An application for anticipatory bail under Section 482 of the Bharatiya Suraksha Nagarik Sanhita in connection with Jasidih Police Station Case No. 187 of 2025 dated 13.07.2025 under Sections 287/303(2)/61(2)/62/317(2)/324(5)/111/3(5) of the BNS 2023 read with Section 15 (2)/15(4) of the Petroleum & Mineral Pipelines (Amendment) Act, 2011 and Sections 3 and 4 of the Explosive Substances Act, 1908, Sections 3 and 4 of the Prevention of Damage to Public Property Act, 1984 and Section 7 of the Essential Commodities Act.

And In the matter of: Mohitosh Nayek .... Petitioner Mr. Snehasish Sutradhar Mr. Ranajit Bera Mr. Kishore Mohan Manna ...for the petitioner Mrs. Z. N. Khan Mr. Atanu Ghosh ..for the State Learned counsel appearing on behalf of the petitioner submits as follows. The petitioner has been falsely implicated in this case. If he goes to the State where the FIR is lodged, he will be unnecessarily harassed and will not be able to pursue his relief in accordance with law.

Learned counsel appearing on behalf of the State relies on a report and the English translation of the FIR and opposes the prayer for transit anticipatory bail. He submits that this is a very serious case where theft of petroleum was committed by making a hole in the pipeline. The petitioner is a part of an organized criminal group. Incriminating materials were seized. There is no material to indicate

that the petitioner would not be able to pursue his relief before the concerned Court in the State of Jharkhand.

The allegations are very serious.

The petitioner has also not been able to show anything that would prevent him from seeking appropriate relief from a competent court in the State of Jharkhand.

In view of the same, I am not inclined to allow the application for transit anticipatory bail.

Accordingly, the same is rejected.

However, the petitioner shall be at liberty to seek appropriate relief including the relief of anticipatory bail before the competent court in the State of Jharkhand.

Urgent photostat certified copy of this order be supplied to the parties, if applied for, as early as possible. (Jay Sengupta, J.)