Md Nur Baks Hossain@Nurbakas Hossen@Md Nurboks Hossain@Md Nur Baks And ANR v. The State Of West Bengal

25.11.2025 Item no. 34 (DL) Court No. 3 AN (Allowed)

IN THE HIGH COURT AT CALCUTTA

Circuit Bench at Jalpaiguri CRIMINAL MISCELLANEOUS JURISDICTION , C.R.M. (A) 798 of 2025 In Re:- An application for anticipatory bail under Section 482 of BNSS, 2023 in connection with Mekhliganj P.S. Case No. 49 of 2025 dated 25.02.2025 under Sections 329(4), 115(2), 118(1), 117(2), 118(2), 109, 74, 351(2) 3(5) of the Bharatiya Nyaya Sanhita, 2023 corresponding to G.R. Case No. 99 of 2025. In the matter of : Md. Nur Baks Hossain @ Nurbakas Hossen @ Md. Nurboks Hossain @ Md. Nur Baks & anr.

... Petitioner.

Mr. Hillol Saha Podder Ms. Mousumi Das ...for the Petitioners.

Mr. Tapan Bhattacharjee Mr. Sourav Ganguly Mr. Kallol Nag ...for the State.

1.

Learned advocate for the petitioners submit that there is a long standing dispute between the family members of the complainant and the petitioners and the F.I.R. is the result of such a dispute. There are no such specific allegations against the petitioners. Upon completion of investigation, charge sheet has been submitted. He seeks for grant of anticipatory bail in favour of the petitioners.

2.

Opposing such prayer for anticipatory bail, learned advocate for the State submits that the victim sustained head injuries and there are allegations against the petitioners of their involvement

in the alleged offence. He seeks for dismissal of the prayer for grant of anticipatory bail application.

3.

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

It is found that the petitioners alongwith others assaulted the victim. Be that as it may, the nature of injury as is revealed from the injury report is simple and the victims have been discharged from the Hospital after one day. Upon completion of investigation, charge sheet has been submitted. 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 Md. Nur Baks Hossain @ Nurbakas Hossen @ Md. Nurboks Hossain @ Md. Nur Baks and Makbul Islam @ Mokbul Hossain shall be released on bail upon furnishing a bond of Rs.10,000/- with two sureties of like amount each to the satisfaction of the arresting officer and shall abide by the conditions laid down in Section 438(2) of the Code of Criminal Procedure, 1973 / 482(2) of Bharatiya Nagarik Suraksha Sanhita, 2023, until further orders and on further condition that the petitioners shall appear before the learned Trial Court on each and every date fixed. 6.

In case the petitioners fail to adhere to any of the conditions mentioned in Section 438(2) of the Code / Section 482(2) of Bharatiya Nagarik Suraksha Sanhita, 2023, the learned Court below shall be entitled to cancel the anticipatory bail without further reference to this Court.

7.

This application for anticipatory bail is, thus, allowed.

8.

CRM (A) 798 of 2025 stands disposed of.

9.

Urgent Photostat certified copy of this order, if applied for, be made available to the parties upon compliance of all requisite formalities.

(Bivas Pattanayak, J.)