Mintu Miah And ANR v. The State Of West Bengal

18.11.2025 Item no.16 Court No.3 ss (Allowed)

IN THE HIGH COURT AT CALCUTTA

Circuit Bench at Jalpaiguri CRIMINAL MISCELLANEOUS JURISDICTION , CRM (A) 728 of 2025 In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure, 1973 in connection with Dinhata P.S. Case No.430 of 2021 dated 20.08.2021 under Section 341/323/326/307/120B/34 of the Indian Penal Code and read with Section 25(1-A)/27 of the Arms Act and read with Section 3/4 of the Explosive Substances Act and corresponding to G.R. Case No.464 of 2021.

In the matter of : Mintu Miah & anr.

... Petitioners.

Mr. Sudip Guha Mr. Ananda Paul Ms. Ankita Nag ...for the Petitioners Mr. Aditi Shankar Chakraborty, Ld.APP Mr. Ujjwal Luksom Dr. Arjun Chowdhury .....for the State.

1.

Learned Advocate for the petitioners submit that the incident was an outcome of political rivalry. No specific role has been attributed to the petitioners. In all seventeen co-accused have been granted anticipatory bail by this Hon'ble Court in the earlier applications. Two persons have been granted bail after arrest. The present petitioners stand on the same footing as of the co-accused who have been favoured with an order of anticipatory bail. He seeks for anticipatory bail in favour of the petitioners.

2.

Learned Advocate for the State, opposing such prayer, submits that the names of the petitioners transpire from the statements of the witnesses. He seeks for dismissal of the application for anticipatory bail.

3.

Perused the case diary and the materials on record. 4.

In the earlier applications being CRM(A) 463 of 2023, CRM(A) 530 of 2023, CRM(A) 476 of 2024, CRM(A) 241 of 2025 and CRM(A) 827 of 2024 the benefit of anticipatory bail has been extended in favour of co-accused persons. On an overall assessment of the materials on record and considering the nature and gravity of the offence and on the ground of parity, I am inclined to allow the prayer of the petitioners for anticipatory bail.

5.

Accordingly, in the event of arrest the petitioners namely Mintu Miah and Rasidul Haque shall be released on bail upon furnishing a bond of Rs.10,000/- each with two sureties of like amount each, to the satisfaction of the arresting officer and subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure, 1973 corresponding to Section 482(2) of BNSS until further orders and shall meet the Investigating Officer of the concerned police station once in a week till submission of report in final form. 6.

This application for anticipatory bail is allowed. 7.

CRM (A) 728 of 2025 is, thus, disposed of.

(Bivas Pattanayak, J.)