Kabir Hossain Mondal And ORS v. The State Of West Bengal

14.11.2024 as [ALLOWED] C. R. M. (A) 3916 of 2024 In Re: An application for anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Kaliganj Police Station Case No. 820 of 2024 dated 19.09.2024 under Sections 115(2)/126(2)/117(2)/118(2)/ 109/3(5) of Bharatiya Nyaya Sanhita, 2023.

In Re: Kabir Hossain Mondal & Ors.

... ... Petitioners Mr. Prabir Majumder, Mr. S. Majumder.

... ... for the petitioners Mr. Imran Ali, Mr. Subham Bhakat.

... ... for the State 1.

It is submitted there was a free fight by and between the parties. One of the associates of the petitioners suffered bullet injury. Case and counter case were registered. Accordingly, he prays for anticipatory bail.

2.

Learned Advocate for the State opposes the prayer for anticipatory bail.

3.

We have considered the materials on record. Case and counter case were registered. Associate of the petitioners suffered bullet injury. Injuries on the de-facto complainant and others may have been caused in exercise of right to private defence.

4.

Under such circumstances, we are of the opinion custodial interrogation of the petitioners is not necessary and they may be granted anticipatory bail.

5.

Accordingly, we direct that in the event of arrest, the petitioners be released on bail upon furnishing a bond of Rs.10,000/- each, with two sureties of like amount each, to the Signed By : ALOK SETH High Court of Calcutta 18 th of November 2024 05:21:17 PM

satisfaction of the Arresting Officer and also subject to the conditions as laid down under Section 482(2) of the BNSS. They shall appear before the jurisdictional court and pray for regular bail within four weeks from date.

6.

The application for anticipatory bail is, thus, disposed of. (Gaurang Kanth, J.) (Joymalya Bagchi, J.) Signed By : ALOK SETH High Court of Calcutta 18 th of November 2024 05:21:17 PM