11.12.2025 Court No.28 Item No.52 tbsr Allowed CRM (A) 3843 of 2025 In Re: - An application for anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Onda P.S. Case No.256 of 2025 dated 18.10.2025 under Sections 303(2)/317(2)/317(4)/317(5)/61(2) of the of the BNSS, 2023 read with Section 21 of Mines and Minerals Act, 1957. And In the matter of: Papiya Dutta Samanta ….Petitioner. Mr. Amit Ranjan Pati Mr. Sunayan Ghosh Ms. Swastika Chowdhury Ms. K. Kubra Ms. Ilika Nag Mr. Avijit Chatterjee Mr. Anish Goswami …for the petitioner. Mr. Bibaswan Bhattacharya Mr. Sobhan Gani ….for the State. Report filed on behalf of the State is taken on record. Learned counsel appearing on behalf of the petitioner submits that the petitioner is the owner of the vehicle, which was allegedly apprehended while carrying sand. The petitioner’s challan for transporting sand had expired at 11.31 a.m. of the same day, i.e., 17.10.2025. The vehicle was apprehended at around 9.55 p.m. It was due to some inadvertent and unforseen situations that the transportation could not be completed within time. Learned counsel appearing on behalf of the State relies on the case diary and the report and opposes the prayer for anticipatory bail. He submits that this kind of illegal activity connected to sand mines usually takes place at night. However, it is a fact that the petitioner 2 had a chalan, which expired in the morning of the same day. Two other co-accused were arrested from the spot, being the driver and khalasi of the vehicle. The report shows that there is no criminal antecedent against the present petitioner. Considering the above and other materials available in the case diary, the fact that the vehicle has been apprehended with a chalan that had expired in the morning on that day itself, I do not think that custodial interrogation of the petitioner is required in this case and I am inclined to grant anticipatory bail to the petitioner. In the event of arrest, the petitioner shall be released on bail upon furnishing a bond of Rs.10,000/- with two sureties of like amount each, one of whom must be local, to the satisfaction of the Arresting Officer and also be subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure, 1973 corresponding to Section 482(2) of the BNSS, 2023 and on further condition that the petitioner shall cooperate with investigation and shall not threaten or intimidate witnesses. The application for anticipatory bail is, thus, allowed. Urgent photostat certified copy of this order may be supplied to the parties expeditiously, if applied for. (Jay Sengupta, J.)