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Calcutta High CourtCRM(A)/192/2026allowed

Lanke Barman @ Lankeshwar Barman v. The State Of West Bengal

2026-04-27Hon'Ble Justice Partha Sarathi Chatterjee2 pages

27.04.2026 Item no.04.

Court No.5.

KAUSHIK (Allowed) In the High Court at Calcutta Circuit Bench at Jalpaiguri Criminal Miscellaneous Jurisdiction CRM (A) 192 of 2026 In Re: An Application for Anticipatory Bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Sitai Police Station Case No. 261 of 2025 dated 14.11.2025 under Sections 62/64(1)/115(2)/117(2)/3(5) of the Bharatiya Nyaya Sanhita, 2023. And In the matter of :Lanke Barman @ Lankeshwar Barman & Anr. ......Petitioners.

Ms. Rajyashree Ghosh ......for the Petitioner.

Mr. Nilay Chakraborty, learned APP Mr. Subhasish Misra ......for the State.

Ms. Ghosh, learned Advocate appearing for the petitioners, submits that following a dispute over family matters, the petitioners have been falsely implicated in this case. She submits that there is an inordinate delay in lodging the First Information Report (FIR) and delay has not been properly explained. In view of such fact, she claims that the present petitioner should not be compelled to languish in jail custody. Mr. Chakraborty, learned APP appearing on behalf of the State, produces the case diary and opposes the prayer for anticipatory bail on the basis of the materials available therein. Heard the learned advocates appearing for the respective parties and perused the materials on record, including the case diary.

The incident allegedly occurred on 12th October, 2025 and the FIR was lodged on 14th November, 2025. Taking note of this fact and considering the other materials on record including the statement of the witnesses and the statement of the victim recorded in course of investigation and on further consideration that incident allegedly occurred in presence of direct evidence, I am of the view that custodial interrogation of the accused persons would serve no useful purpose. Accordingly, the application is allowed and it is directed that, in the event of arrest, each of the petitioners shall be released on bail upon furnishing a bond of Rs. 10,000/- (Rupees Ten Thousand only) each, with two sureties of Rs. 5,000/- (Rupees Five Thousand only) each, one of which must be local, and on further condition that the petitioners shall meet the Investigating Officer once in a week until further order, to the satisfaction of the Additional Chief Judicial Magistrate-II, Dinhata, Coochbehar, and subject to the conditions laid down under Section 482(2) of BNSS.

Accordingly, CRM (A) 192 of 2026 is allowed.

All parties shall act in terms of server copy of the order downloaded from the official website of this Court. Urgent photostat certified copy of this order, if applied for, be supplied to the parties upon compliance with all requisite formalities. (Partha Sarathi Chatterjee, J.)