Bishu Rajbanshi And ANR v. The State Of West Bengal
IN THE HIGH COURT AT CALCUTTA
Circuit Bench at Jalpaiguri Criminal Miscellaneous Jurisdiction 19.08.2025.
Appellate Side Sl. 46 AKG Ct. 01 Allowed CRM (A) 597 of 2025 In re: An application for anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Tufanganj Police Station Case No. 367 of dated 21.07.2019 under Sections 448/325/326/307/427/436/379/34 of the Indian Penal Code, 1860 And In the matter of : Bishu Rajbanshi & Anr.
... Petitioner Mr. Hillol Saha Podder ..for the Petitioner Mr. Ujjwal Luksom, Mr. Aniruddha Biswas ..for the State The nature of the injury, as reflected in the injury report, appears to be simple.
It is noted that other co-accused persons, standing on the same footing, have already been granted anticipatory bail by this Court on April 7, 2025, in CRM (A) 207 of 2025. The learned advocate appearing on behalf of the State opposes the prayer for anticipatory bail.
Having regard to the nature of the injuries, the parity of the petitioners with the co-accused, and the fact that the charge-sheet has already been submitted, I am of the considered view that custodial interrogation of the petitioners is not warranted in the present case.
Accordingly, the prayer for anticipatory bail is allowed. It is directed that the petitioners, namely Bishnu Rajbanshi and Nimai Das, in the event of their arrest, shall be released on bail upon furnishing a bond of ₹10,000/- (Rupees Ten Thousand only) each, with two sureties of like amount, to the satisfaction of the learned Additional Chief Judicial Magistrate, Tufanganj. The bail shall be subject to the conditions laid down under Section 438(2) of the Code of Criminal Procedure, 1973, corresponding to Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), and further subject to the condition that the petitioners shall appear before the jurisdictional court on every date fixed for appearance of the accused.
In the event of any default in appearance, the jurisdictional court shall be at liberty to take appropriate steps to secure the presence of the petitioners, including cancellation of the anticipatory bail granted herein, without further reference to this Court.
Accordingly, CRM (A) 597 of 2025 stands allowed. Let an urgent photostat certified copy of this order, if applied for, be supplied to the learned advocates for the parties on the usual undertakings.
(Kausik Chanda, J.)