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Calcutta High CourtCRM(A)/309/2026rejected

Sofiuddin Miya@Chhapiuddin@Chhapi Uddin Miya And ORS v. The State Of West Bengal

2026-06-08Hon'Ble Justice Shampa Dutt (Paul)2 pages

08.06.2026 Court No.5 SL No.16 g.b.

HIGH COURT AT CALCUTTA CIRCUIT BENCH AT JALPAIGURI CRM(A) 309 of 2026 In Re: - An application for Anticipatory Bail under Section 482 of the Bhartiya Nagarik Suraksha Sanhita, 2023 in connection with Kotwali Plice Station Case No. 87 of 2026 dated 04.02.2026 under Sections 126 (2)/115 (2)/118 (2)/109/3 (5) of the Bharatiya Nyaya Sanhita, 2023, corresponding to G. R. Case No. 178 of 2026.

And In the matter of: Sofiuddin Miya @ Chhapiuddin @ Chhapi Uddin Miya & Ors.

....Petitioners.

Mr. Hillol Saha Podder ...For the Petitioners.

Mr. Avro Jyoti Das, APP Ms. Panchali Deb Sikhdar ...For the State.

1.

On hearing the learned counsel for the petitioners and the learned counsel for the State and considering the materials in the case diary including the medical papers, it appears that the victim has suffered head injury and even a fracture in the head and has received several stitches.

2.

Though it is contended that there was a free fight between the two groups regarding a civil property dispute, this Court, considering the nature of the injury sustained, is of the view that this is not a fit case for anticipatory bail.

3.

Accordingly, the prayer for anticipatory bail of the petitioner is rejected.

4.

CRM (A) 309 of 2026 is, thus, disposed of.

5.

Urgent photostat certified copy of this order, if applied for, be given to the parties on urgent basis after completion of all necessary formalities.

(Shampa Dutt (Paul), J.)