Calcutta High CourtCRM(A)/409/2026disposed

Ramanath Barman And ORS v. The State Of West Bengal

2026-07-01Hon'Ble Justice Rai Chattopadhyay2 pages

IN THE HIGH COURT AT CALCUTTA

Circuit Bench at Jalpaiguri Criminal Miscellaneous Jurisdiction 01.07.2026 Item No. 16 Ct. No. 5 C.R.M. (A) 409 of 2026 AN In Re:- An application for anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Dinhata Police Station Case No. 326 of 2026 dated 18.05.2026 under Sections 126(2) / 117(2) / 118(2) / 109(1) / 351(2) / 3(5) of the Bharatiya Nyaya Sanhita, 2023 corresponding to G.R. Case No. 366 of 2026, pending before the learned Additional Chief Judicial Magistrate, Dinhata. In the matter of : Ramanath Barman & ors.

... Petitioner.

Mr. Sudip Guha Ms. Sayantani Das Ms. Ankita Nag ...for the Petitioner.

Mr. Avrojyoti Das, ld. APP Mr. Uday Bhattacharjee Mr. Debabrata Rai ...for the State.

1. According to the petitioner, this case is a result of the political vendetta where the petitioner has been victimized by filing a false criminal case against him. However, the petitioner has not explained any extraordinary circumstances for which this Court may entertain the application for anticipatory bail directly, when the petitioner has not exhausted his remedy first before the trial court, in terms of the Supreme Court decision in Mohammed Rasal C. and Another Vs. State of Kerala and Another reported at 2025 SCC OnLine SC 2728.

2. Similar issues have been dealt with by this Court in CRM(A) 378 of 2026 [Nurjamal Mia and Ors. Vs. State of West Bengal] vide order dated 30th June, 2026. The same would be squarely applicable in the facts and circumstances of the present case too.

3. Accordingly, the petitioner should appropriately be directed to follow the dictum of the Hon'ble Supreme Court in filing the application for anticipatory bail, first before the learned trial court.

4. It is further directed that till the time the petitioner's application for anticipatory bail before the trial court is disposed of by the same, there shall be no coercive steps taken against the petitioner.

5. With the above directions, C.R.M. (A) 409 of 2026 stands disposed of.

(Rai Chattopadhyay, J.)