Bimal Barman And ORS. v. The State Of West Bengal

26.11.2025 Item no.14 Court No.3 ss (Allowed)

IN THE HIGH COURT AT CALCUTTA

Circuit Bench at Jalpaiguri CRIMINAL MISCELLANEOUS JURISDICTION , CRM (A) 792 of 2025 In Re:- An application for anticipatory bail under Section 482 of BNSS in connection with Matigara Police Station Case No.479 of 2025 dated 25th July, 2025 under Sections 126(2)/132/121(1)/ 121(2)/351(2)/304/3(5) of the Bhartiya Nyaya Sanhita, 2023. In the matter of : Bimal Barman & ors.

... Petitioners.

Mr. Hillol Saha Podder ... for the petitioners Mr. Abhijit Sarkar Mr. Tapan Bhattacharjee .....for the State.

1.

Learned Advocate for the petitioners submit that on the date of incident there was dispute between the petitioners and their adjoining neighbours. The police personnel intervened and sustained injuries. There are no direct allegations against these petitioners. He seeks for grant of anticipatory bail to the petitioners.

2.

Learned Advocate for the State, opposing such prayer for grant of anticipatory bail in favour of the petitioners, submits that in the said incident the police personnel sustained injuries and had to be hospitalized. He seeks for dismissal of the application for grant of anticipatory bail. 3.

Perused the case diary and the materials on record.

4.

It is found from the statements of the witnesses that on the date of incident there was some incident of assault. The police personnel who intervened got injured. In the instant case, the nature of injury is simple. Considering the above, I am inclined to extend the benefit of anticipatory bail in favour of the petitioners.

5.

Accordingly, in the event of arrest the petitioners namely

(1) Bimal Barman, (2) Biplab Barman, (3) Tumpa Biswas,

(4) Raju Biswas and (5) Ujjal Biswas 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. The petitioners shall cooperate with the Investigating Officer. The petitioners shall attend the court on the date fixed for appearance. 6.

In default the jurisdictional Court shall pass appropriate order to secure the presence of the petitioners in Court including cancelling the anticipatory bail granted without further reference to this Court.

7.

This application for anticipatory bail is allowed. 8.

CRM (A) 792 of 2025 is, thus, disposed of.

(Bivas Pattanayak, J.)