Shankar Khan And ANR. v. State Of West Bengal

27.11.2025 Serial no. 169 [G.S.D] CRM (R) 154 of 2025 In re : An Application for Bail under Section 439 of the Code of Criminal Procedure, 1973/under Section 483 of the BNSS, 2023 in connection with Kotwali PS Case No. 546 of 2025 dt. 27.10.2025 corresponding to GR Case No. 3198 of 2025 u/s 306/3(5) of the BNS, 2023.

-AndIn the matter of : Shankar Khan & Anr.

... ... Petitioner(s) Mr. Abhishek Chakraborty Mr. H. P. Singh Mr. Akash Lal Mr. Suman Snigdha ... for the Petitioner(s) Ms. Sonali Das Mr. R. Ganguly ... for the State-respondent(s) Mr. Amit Ranjan Pati Mr. Sunayan Ghosh ... for the defacto-complainant Learned advocate for the petitioners submits that the petitioners were arrested on 28.10.2025 and, since then they are in custody.

Learned advocate also submits that search and seizure is over and there was police custody for four days. According to the learned advocate, during the period of judicial custody, there has hardly been any interrogation of the present petitioners.

Learned advocate for the State, on the other hand, opposes the prayer for bail and submits that there were recoveries from the possession of the petitioner no.1.

It is also stated that, subsequently, Section 320(2) of the BNS, 2023 has been added.

Learned advocate for the defacto-complainant submits that there has been some recoveries from the petitioners.

However, so far as the defacto-complainant is concerned, he has sustained huge loss and the police authorities should, in such circumstances, exert further efforts for recovery of the stolen goods.

I have taken into account the materials available in the case diary; complicity of the present petitioners and the fact that the investigation of the case is in progress. Having considered the period of detention, I am inclined to enlarge the petitioners on bail.

Hence, the prayer for bail of the petitioners is Allowed.

Accordingly, the petitioners viz, Shankar Khan and Swapan Dolai shall be released on bail upon furnishing bond of Rs.20,000/-(Rupees Twenty Thousand only) each, with two sureties of Rs.10,000/- (Rupees Ten Thousand only) each, one of whom must be local, to the satisfaction of the learned CJM, Paschim Medinipur.

Since the investigation of the case is still in progress, both the petitioners shall meet with the Investigating Officer of the case once in a week as also, as and when called for

by Investigating Officer till charge-sheet is submitted and/or modified by the learned CJM, Paschim Medinipur. The petitioners shall also not leave the jurisdiction of the district of Paschim Medinipur without prior permission of the learned court in seisin of the case.

Accordingly, CRM(R) 154 of 2025 is allowed.

Pending application(s), if any, is also disposed of. Parties to act on a server copy of this order duly collected from the official website of the Hon'ble High Court, Calcutta.

Urgent Photostat certified copy of this order, if applied for, be supplied to the parties subject to compliance with all requisite formalities.

(Tirthankar Ghosh, J.)