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2026 DAILYLAW 14042 (CAL)

HIMADRI MANDAL @ HIMADRI MONDAL v. STATE OF WEST BENGAL

CRM (A)/4280/2025 · 2026-01-21

Jay Sengupta

body2026

Judgment text

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AD 40 January 21, 2026 Ct. 28 SG CRM(A) 4280 of 2025 Allowed An application for anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Hasnabad P.S. Case No.403 of 2025 dated 25.07.2025 under Sections 7(i)(a)(ii) of the E.C. Act read with Sections 318(4)/303(2)/317(2) of the BNS, 2023. And In the matter of: Himadri Mandal @ Himari Mondal … petitioner Mr. Debashis Banerjee Mr. Subrata Saha Mr. Rakesh Jana … for the petitioner Ms. Faria Hossain, ld. APP Ms. Rajashree Tah ... for the State Learned counsel for the petitioner submits that the petitioner is a deliveryman engaged with two LPG distributors. He has to cross as many as three rivers to distribute the cylinders to the customers. His son is also engaged as a delivery boy with another concern. It is alleged that some full and empty cylinders were seized from the petitioner’s premises. It was not always possible to cover the entire area by carrying the cylinders and delivering it to the customers on the same day. So, at one time some cylinders had to be kept temporarily at the premises. The petitioner has complied with the notice under Section 35(3) of the BNS. Learned counsel for the State opposes the prayer for anticipatory bail and submits that there are statements of 2 customers who have said that the petitioner had charged more for each cylinder. Considering the above, the other materials available in the case diary and the facts that the cylinders have already been seized and the petitioner has complied with notice issued, 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/- (rupees ten thousand) 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 the further conditions that the petitioner shall cooperate with the investigation, shall meet the investigating officer once a fortnight till submission of report in final form and shall not threaten or intimidate witnesses. The application for anticipatory bail is, thus, allowed. Urgent photostat certified copy of this order, if applied for, be supplied to the parties upon compliance of requisite formalities. (Jay Sengupta, J.)