Xxxx And ORS. v. State Of West Bengal And ANR

AD 32 December 8, 2025 Ct. 28 SG CRM(A) 3771 of 2025 Allowed An application for anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Patiram P.S. Case No.186 of 2025 dated 06.07.2025 under Sections 126(2)/115(2)/117(2)/109(1)/64(D)/6(2)/ 303(2)/3(5) of the BNS, 2023.

And In the matter of:

XXX and others ... petitioners Mr. Kaushik Choudhury ... for the petitioners Ms. Manisha Sharma Ms. Poulami Bose ... for the State Report filed by the State is taken on record. Despite service no one appears on behalf of the de facto complainant.

Learned counsel for the petitioners submits that there is a family dispute between the adverse parties. The petitioners have been falsely implicated in this case.

Learned counsel for the State opposes the prayer for anticipatory bail and refers to the statements of the victim recorded before the learned Magistrate and other witnesses and injury report.

Considering the nature of allegations and the materials available in the case diary and the injury report vis-à-vis the statement of the victim recorded before the learned Magistrate and the fact that there was previous animus

between the adverse parties, while I am inclined to grant anticipatory bail to the petitioners, the movements of some of the petitioners shall remain restricted for a limited period. In the event of arrest, the petitioners 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 petitioners shall cooperate with the investigation, shall not threaten or intimidate witnesses, the petitioner Nos.1 and 3 shall meet the investigating officer once a fortnight till submission of report in final form and shall stay outside jurisdiction of Patiram Police Station for a period of two months from this date except for attending the jurisdictional court or for meeting the investigating officer.

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.)