Atikul Miah@Mia v. The State Of West Bengal

CALCUTTA HIGH COURT

IN THE CIRCUIT BENCH AT JALPAIGURI

APPELLATE SIDE 17.12.2025 Court No.01 rpan/09 CRM (A) 878 of 2025 In Re:- An application for anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (corresponding to Section 438 of the Code of Criminal Procedure); And In Re: Atikul Miah @ Mia - Petitioner.

Ms. Madhushri Dutta ...for the Petitioner.

Mr. Nilay Chakraborty, Mr. Saikat Chatterjee, Mr. Chattu Roy ...for the State.

Apprehending arrest in connection with Dinhata Police Station Case no.584 of 2023 dated 19.10.2023 under Sections 326/341/307/354/34 of the Indian Penal Code, the present application has been preferred.

Ms. Dutta, learned advocate appearing for the petitioner submits that the petitioner has been falsely implicated. Most of the accused persons have already been granted anticipatory bail and upon completion of investigation chargesheet has also been submitted. In such circumstances, custodial interrogation of the petitioner may not be necessary.

Mr. Chakraborty, learned Additional Public Prosecutor appearing for the State opposes the petitioner's prayer and draws the attention of this Court to the statements of the injured made under Section 183 of the Bharatiya Nagarik Suraksha Sanhita, 2023 and also the injury reports.

Heard the learned advocates appearing for the respective parties.

Considering the nature of accusations, the injury reports and the extent of complicity of the petitioner in the alleged offence, I am not inclined to exercise discretion in his favour. Accordingly, the application for anticipatory bail, being CRM (A) 878 of 2025, is dismissed.

All parties shall act on the server copies of this order duly downloaded from the official website of this Court. (Tapabrata Chakraborty, J.)