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Calcutta High CourtCRM(A)/422/2025allowed

Bijay Rai @ Bijoy Rai v. The State Of West Bengal

2025-06-30Hon'Ble Justice Subhendu Samanta2 pages

30.06. 2025

IN THE HIGH COURT AT CALCUTTA

Item No.13 CIRCUIT BENCH AT JALPAIGURI KB Ct. no. 3 Allowed C.R.M (A) 422 of 2025 In re: An application for anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Kurseong Police State Case No. 24 of 2022 dated 03.03.2022 corresponding to G.R. Case No. 27 of 2022 petitioner charged under Section 489B/489C of the Indian Penal Code, 1860. And In Re :

Sri Bijay Rai @ Bijoy Rai ... Petitioner.

Mr. Abhilash Mittal ...for the petitioner.

Mr. Kallol Acharjee, Mr. Namrata Das, ...for the State.

Learned counsel for the petitioner submits that no recovery has been made in connection with the case where a huge quantity of Rs.27,500/- counter fit Indian currency note was recovered from the co-accused person. The name of the present petitioner is transpired from the statement of the co-accused person. He further submits that one of the co-accused persons, who was standing on the same footing was enlarged on bail by this Court vide order dated 07.06.2022 in connection with CRM (A) No. 263 of 2022. He prayed for similar relief.

Learned counsel for the State raised strong objection and submits that the present petitioner was an absconder during the entire period of investigation. The case was started in the year 2022,

now the charge-sheet has already been submitted. At this juncture, the bail prayer may not be allowed.

Having heard the learned counsel for the petitioner and also considering the fact that the present petitioner is standing on the same footing that of the other co-accused person whose bail prayer was granted by this Court in CRM (A) No. 263 of 2022, the petitioner deserves anticipatory bail.

The petitioner named Bijay Rai @ Bijoy Rai may fine bail of Rs.10,000/- (Rupees Ten Thousand Only) with two registered sureties to the satisfaction of learned A.C.J.M, Kurseong, subject to the condition laid down under Section 438 (2), Cr. P.C. with further condition that he must appear before the Court as and when the matter shall appear.

The application for anticipatory bail CRM (A) No. 422 of 2024 is, thus, disposed of.

Parties to act upon the server copy and urgent certified copy of this order be provided on usual terms and conditions. ( Subhendu Samanta, J.)