Calcutta High CourtCRM(A)/9/2026allowed

Md.Mobarak v. The State Of West Bengal

2026-01-07Hon'Ble Justice Tirthankar Ghosh2 pages

07.01.2026

IN THE HIGH COURT AT CALCUTTA

Item No.54 CIRCUIT BENCH AT JALPAIGURI Ct.No.3 dc.

Allowed C.R.M. (A) 9 of 2026 In Re : An Application for anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023/Section 438 of the Code of Criminal Procedure, 1973 filed in connection with Phansidewa Police Station Case No. 147 of 2020 dated 22.02.2020 under Sections 341/325/307/379/34 of the Indian Penal Code.

And In Re :

Md. Mobarak ... Petitioner.

Mr. Somraj Paul ... For the Petitioner.

Mr. Saikat Chatterjee, Mr. Chattu Roy ... For the State.

Learned advocate appearing for the petitioner submits that the petitioner was unaware of any criminal case pending against him and very recently come to know after warrant of arrest has been issued.

Learned advocate appearing for the State opposes the prayer for anticipatory bail and produces the case diary. I have considered the medical report which has been relied upon in the case diary which is the foundation of the case so far as assault and injuries are concerned. Having considered the same, I am of the view that the petitioner be granted the privilege of anticipatory bail. As such, the prayer 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.20,000/-, with two sureties of Rs.10,000/- 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 Bharatiya Nagarik Suraksha Sanhita, 2023. This order of anticipatory bail will remain in force for a period of four weeks from date.

The application for anticipatory bail, being CRM(A) 9 of 2026, is, thus, disposed of.

All concerned parties shall act on the server copy of this order duly downloaded from the official website of this Court.

Urgent photostat certified copy of this order, if applied for, be given to the parties upon compliance with all requisite formalities.

(Tirthankar Ghosh, J.)