Hannan Khan v. State Of West Bengal

AD 52 December 9, 2025 Ct. 28 SG CRM(A) 3937 of 2025 Allowed An application for anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Kolaghat P.S. Case No.240 of 2025 dated 06.06.2025 under Sections 329(3)/329(4)/115(2)/117(2)/118(2)/109/ 324(4)/303(2)/3(5) of the BNS, 2023.

And In the matter of:

Hannan Khan ... petitioner Mr. Sabir Ahmed Mr. Shraman Sarkar Mr. Tasnim Ahmed Mr. Quazi Ezaz Ahmed ... for the petitioner Mr. Subhamay Bhattacharya Mr. Santanu Talukdar ... for the State Learned counsel for the petitioner submits that on an occasion when the petitioner's daughter was being assaulted at her matrimonial home, the petitioner happened to visit the place. He was also attacked. All the family members of the petitioner received injuries as would be evident from the injury report annexed with the application. An FIR was registered by the petitioner's daughter. In retaliation, the present FIR has been lodged.

Learned counsel for the State opposes the prayer for anticipatory bail, refers to the statements of witnesses and the injury report one of which shows multiple injuries and fracture of a finger of one of the victims and submits that a charge-sheet has been submitted.

Considering the materials available in the case diary and the fact that there were case and counter case and there were injuries suffered by both sides and that charge-sheet has been submitted, 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 surrender before the jurisdictional court and pray for bail within four weeks from this date, shall attend the jurisdictional court regularly 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.)