Amarnath Mahato v. State Of West Bengal

03.12.2025 Court No.28 Item No.32 AB CRM (A) 3820 of 2025 In Re: - An application for anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita in connection with Salanpur PS Case No.143 of dated 03.09.2025 under Sections 191(2)/191(3)/221/121(1)/121(2)/131/132/324(4)/223/285 of the BNS, 2023, Section 201 Motor Vehicles Act, Section 9 of Maintenance of Public Order Act, 18 West Bengal State Highways Act. And In the matter of: Amarnath Mahato ....Applicant/Petitioner.

Mr. Samim Ahammed Mr. Arka Ranjan Bhattacharya Ms. Gulsanwara Pervin ...for the petitioner Mr. Madhusudan Sur, Ld. APP Mr. Arif Ahmed Siddiqui ...for the State Learned counsel appearing on behalf of the petitioner submits as follows. The petitioner was an activist in the area. In 2022 the petitioner and others in the locality protested over bad roads. In fact, the petitioner made a specific complaint mentioning an assurance given by the present Officer-in-charge of the local Police Station. However, the roads were not repaired. Another accident occurred in 2025. The petitioner was only leading the protest. He was not at all involved in any alleged action of stone pelting or otherwise. He has been falsely implicated in this case.

Learned counsel for the State opposes the prayer for anticipatory bail. He refers to statements of witnesses and two injury reports and submits that the petitioner's name has been taken in some of the injury reports.

It appears that the Police are armed with video footages. Upon enquiry, it is submitted on behalf of the State that the petitioner has not been seen to have attacked anyone in such footages. Considering the above and the materials available in the case diary and the alleged role ascribed to the petitioner, 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. Accordingly, the application for anticipatory bail of the petitioner is allowed.

In the event of arrest, the petitioner shall be released on bail upon furnishing a bond of Rs.10,000/- 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 further conditions that the petitioner shall not threaten or intimidate witnesses and shall cooperate with the investigation. The petitioner shall meet the I.O. once a fortnight till submission of report in final form. The application for anticipatory bail is, thus, disposed of. (Jay Sengupta, J.)