Ajibul Miya@Rajibul Miya@Rajibul Miah And ANR v. The State Of West Bengal

CALCUTTA HIGH COURT

IN THE CIRCUIT BENCH AT JALPAIGURI

30.06.2026 Ct No.5 Item No.20 Ranita CRM (A) 404 of 2026 In Re:- An application under Section 482 of the Bharatiya Ngarik Suraksha Sanhita, 2023 And In Re: Ajibul Miya @ RAjibul Miya @ RAjibul Miah and Anr. .....Petitioners Mr. Sandip Guha Roy Mr. Ananda Paul ...for petitioners.

Mr. Avrojyoti Das, Ld. APP Ms. Madhushri Dutta ...for State.

1. Objection has been raised against the prayer for bail of the petitioners particularly in view of the fact that the injury report has mentioned type of injury to be "grievous". Also that the petitioner's name is mentioned in the F.I.R and his specific role has been assigned by the de facto complainant.

2. Upon careful perusal of the injury report, it is found that chest pain due to punch and extraction of upper lateral teeth have been detected, which injuries did not come within the scope of Section 326 IPC as alleged against the petitioner.

3. Therefore, in spite of the petitioners' name having been mentioned in the F.I.R, his custodial interrogation is not found to be imperative in this case.

4. Considering all as above, the present application of the petitioners is allowed.

5. In the event of arrest the petitioners shall be granted bail upon furnishing a bond of Rs.10,000/- with two sureties of like amount each, one of whom must be local to the satisfaction of the Additional Chief Judicial Magistrate, Mathabhanga. The petitioners shall comply with the condition under Section 482(2) of the BNSS, 2023 and shall cooperate with the investigation in all possible way. They shall not intimidate witnesses in any manner and shall not tamper with the evidence of the case in any manner whatsoever.

6. C.D be returned.

(Rai Chattopadhyay, J.)