Litan Hore And ANR. v. The State Of West Bengal

01-04-2025 (ct. no.01) KOLE Allowed In the High Court At Calcutta Jalpaiguri Circuit Bench CRM (A) 209 of 2025 In re: An application for anticipatory bail under Section 438 of the Code of Criminal Procedure/Section 482 of the BNSS in connection with Sahebganj Police Station Case No. 59 of 2025 dated 06.02.2025 under Sections 329(4)/117(2)/109/74/303(2)/324(4)/3(5) of the BNS.

- A n d - In the matter of : Litan Hore & Anr.

.... Petitioners.

Mr. Arjun Chowdhury, Mr. M. Mondal, ... For the Petitioners.

Mr. Kallol Acharjee, Mr. Dhiman Sil, ... For the State.

1.

The petitioners say that there was a dispute between two groups regarding sale of country made liquor. That led to free fight between the two groups. Members of both the groups suffered injury. The petitioners also suffered injury. After the mother of the petitioner no. 1 lodged a complaint, by way of counter blast, the present complaint has been lodged. They are fully prepared to cooperate with the Investigating Officer. They pray for pre-arrest bail.

2.

Opposing the prayer, learned State Advocate draws to my attention the injury reports. I have also considered the other materials in the case diary. The incident appears to have arisen out of political rivalry between the two groups. 3.

On an overall assessment of the material on record and considering the nature and gravity of the alleged offence, I am of

the view that immediate custodial detention of the petitioners is not necessary so long as they cooperate with further investigation, if any.

4.

Accordingly, in the event of arrest, the petitioners, namely Litan Hore and Shuvajit Hor @ Shuvajit Hore shall be released on bail upon furnishing a bond of Rs.10,000/-each, with two sureties of like amount each, one of whom must be local, to the satisfaction of the arresting officer and shall abide by the conditions laid down in Section 438(2) of the Code of Criminal Procedure/Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023 until further orders and on further condition that the petitioners shall report to the Investigating Officer of the concerned Police Station once in a fortnight until further orders.

5. In case the petitioners fail to adhere to any of the conditions mentioned hereinabove or in Section 438(2) of the Code of Criminal Procedure/Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023, the learned Court below shall be entitled to cancel the anticipatory bail without further reference to this Court. 6.

The application for anticipatory bail being CRM (A) 209 of 2025 is disposed of.

7.

All parties shall act in terms of server copy of the order downloaded from the official website of this Court. ( Arijit Banerjee, J. )