Milan Lakra v. The State Of West Bengal

26.11.2025 Item no.31(DL) Court No.3 srm (Allowed)

IN THE HIGH COURT AT CALCUTTA

Circuit Bench at Jalpaiguri CRIMINAL MISCELLANEOUS JURISDICTION , C.R.M. (A) 826 of 2025 In Re:- An application for anticipatory bail under Section 482 of BNSS, 2023 corresponding to Section 438 of the Code of Criminal Procedure, 1973 in connection with G.R. Case No.1636 of 2023 arising out of Birpara P.S. Case No.120 of 2023 dated 28.08.2023 under Sections 147/148/149/186/332/333/353/ 307/379/379/436/204/120B of the Indian Penal Code, 1860 read with Sections 3/4 of the Prevention of Damage To Public Property Act, 1984 read with Section 9 of the West Bengal Maintenance of Public Order Act, 1972 pending before the learned Chief Judicial Magistrate, Alipurduar. In the matter of : Milan Lakra ... Petitioner.

Mr. Arijit Ghosh, Ms. Anjana Rakshit, Ms. Sudipa Ghosh, Ms. Avishikta Das ...for the Petitioner.

Mr. Tapan Bhattacharjee, Mr. Subhasish Misra ...for the State.

1.

Learned Advocate for the petitioner submits that the other co-accused have been granted anticipatory bail by this Hon'ble Court. The petitioner stands on the same footing. He seeks for grant of anticipatory bail in favour of the petitioner.

2.

Opposing such prayer for anticipatory bail, learned Advocate for the State submits that during protest for

demanding justice for the murder of Manoj Lohar, this petitioner along with others vandalized the police van. The house of the accused in the earlier criminal proceedings was put to fire. 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 that other co-accused persons have been granted anticipatory bail in CRM(A) 951 of 2024, CRM(A) 990 of 2024, CRM(A) 452 of 2025, CRM(A) 490 of 2025. The petitioner stands on the same footing as of the other co-accused persons. Hence, I am inclined to grant similar benefit in favour of the petitioner.

5.

Accordingly, in the event of arrest the petitioner namely Milan Lakra 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 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure, 1973 corresponding to 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023 and shall attend the Court on the dates fixed for appearance and hearing.

6.

In case the petitioner fails 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 trial Court 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) 826 of 2025 stands disposed of.

(Bivas Pattanayak, J.)