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Calcutta High CourtCRM(A)/43/2026disposed

Jitendra Prasad v. The State Of West Bengal

2026-02-17Hon'Ble Justice Suvra Ghosh3 pages

17.02.2026 jb.

Allowed IN THE HIGH COURT AT CALCUTTA CIRCUIT BENCH AT JALPAIGURI CRIMINAL MISCELLANEOUS JURISDICTION CRM (A) 43 of 2026 In Re : An Application for anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Pradhan Nagar Police Station Case No. 416 of dated 17.06.2025 under Sections 126(2)/117(2)/316(2)/318(4)/351(2)(3)/3(5) of BNS read with Section 25(1)(a) of the Arms Act.

And In Re :

Jitendra Prasad ... Petitioner Ms. Sidhi Sethia Ms. Rima Sarkar Ms. Suparna Paul ... for the Petitioner Mr. Kallol Acharjee Mr. Chattu Roy ... for the State Mr. Kumar Shantanu Taiab Sahadat ... for the defacto complainant Heard learned counsels for the parties.

Learned counsel for the petitioner submits that there was a business relationship between the petitioner and the defacto complainant and he has been falsely implicated due to a monetary dispute between them.

Learned counsels for the State and the defacto complainant oppose the prayer.

I have considered the material on record. The complaint demonstrates that the defacto complainant supplied coal to the petitioner in lieu of which the petitioner made payments initially. He stopped making such payments later despite several demands made by the defacto complainant.

It prima facie appears that the dispute between the parties is with regard to alleged non payment of dues by the petitioner. In view of the material available in the case diary, this Court is inclined to hold that custodial interrogation of the petitioner is not required and he may be granted anticipatory bail.

Prayer for anticipatory bail of the petitioner is allowed. Accordingly this Court directs, in the event of arrest, the petitioner namely Jitendra Prasad be released on bail on furnishing bond of Rs.10,000/-(Rupees Ten Thousand only), with two sureties of like amount each, to the satisfaction of the arresting officer and subject to provision under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023 and subject to condition that the petitioner shall meet the investigating officer once a week till submission of charge sheet. The petitioner shall appear before the jurisdictional Court and pray for regular bail within two weeks from date. CRM (A) 43 of 2026 is, thus, disposed of.

Case Diary be returned.

All parties shall act on the server copy of this order duly downloaded from the official website of this Court. Urgent certified website copy of this order, if applied for, be supplied to the parties upon compliance with all requisite formalities.

(Suvra Ghosh, J.)