13.02.2025 34 as [ALLOWED] C. R. M. (A) 467 of 2025 In Re: An application for anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Santipur Police Station Case No. 1427 of 2024 dated 03.11.2024 under Sections 326(2)/118(2)/109/3(4) of BNS, 2023 and adding Section 103(1) of BNS, 2023. In Re: Subhankar Das @ Sagar. … … Petitioner Mr. Sumanta Das, Mr. Avilash Tripathi, Mr. Suman Biswas. … … for the Petitioner Mr. Joydeep Biswas, Mr. Bikram Mitra. … … for the State 1. Petitioner submits victim had gone out on Kali Puja night for a drink. After consuming alcohol he was driving towards home and hit a lamppost. As a result, he fell down and died. One Nemai Paramanik, a toto driver lifted him and took him to hospital. Subsequently, his family members falsely implicated the petitioner in the case. Accordingly, he prays for anticipatory bail. 2. Learned Advocate for the State opposes the prayer for anticipatory bail. He submits petitioner and others had chased the victim who was driving a motor cycle. They had physically assaulted him with bricks and iron rod. As a result, he suffered head injury and died. 3. We have considered the materials on record. Admittedly, victim had suffered head injury and died. Post mortem report shows scalp hematoma. Apart from the hematoma, it notes some Signed By : ALOK SETH High Court of Calcutta 17 th of February 2025 02:33:24 PM 2 abrasions too. While petitioner contends victim was driving in an inebriated condition and hit a lamppost, prosecution relies on two purported eyewitnesses who claimed they saw 8/10 persons including petitioner assault the victim with iron rod and bricks. Post mortem report, however, discloses mere abrasions apart from a scalp hematoma which probably occurred due to a single hit. Multiple assault by a group of 8/10 persons is not corroborated by a few abrasions (apart from hematoma) in the post mortem reports. On the other hand, possibility of abrasions owing to fall after taking a hit by the lamppost resulting in scalp hematoma is more probable. 4. Be that as it may, eyewitnesses are completely silent with regard to the motor cycle which was noted at the spot by the independent witness viz., Netai Paramanick, who took him to hospital. In the FIR, the de-facto complainant mother of the victim claims she was informed by her son that he was driving a motor cycle when the petitioner chased and assaulted him. Medical papers placed before us show from the time of admission the victim was unconscious and had not regained consciousness till death. This improbablises the so called disclosure noted in the First Information Report. 5. In this background, we are of the opinion prosecution case suffers from various improbalities and is riddled with contradictions. On the other hand, circumstances emanating from materials collected during investigation probabilise the defence version of accidental injury. Signed By : ALOK SETH High Court of Calcutta 17 th of February 2025 02:33:24 PM 3 6. Hence, we are inclined to grant anticipatory bail to the petitioner. 7. Accordingly, we direct that in the event of arrest, the petitioner viz., Subhankar Das @ Sagar 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 also subject to the conditions as laid down under Section 482(2) of the BNSS. He shall appear before the jurisdictional court and pray for regular bail within four weeks from date. 8. The application for anticipatory bail is, thus, disposed of. (Gaurang Kanth, J.) (Joymalya Bagchi, J.) Signed By : ALOK SETH High Court of Calcutta 17 th of February 2025 02:33:24 PM