MAJIBUR KHAN @ MAJIBUR KHA AND ORS. v. STATE OF WEST BENGAL
CRM (A)/238/2026 · 2026-02-10
Jay Sengupta
body2026
DailyLaw.ai
[ 2026 DAILYLAW 2367 (CAL) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 2367 (CAL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
10.02.2026 Court No.28 Item No. 39 tbsr Allowed CRM (A) 238 of 2026
In Re: - An application for anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Ratua P.S. Case No.542 of 2025 dated 06.07.2025 under Sections 109/115(2)/117(2)/118(2)/329(3) and 3(5) of the BNS, 2023 charge sheet under Sections 126(2)/115(2)/117(2)/109 and 3(5) of the BNS,
2023. And
In the matter of: Majibur Khan @ Majibur Kha & Ors.
….Petitioners.
Mr. Soupal Chatterjee Ms. Mekhala Kar
….for the petitioners
Mr. Anwar Hossain
Ms. Pritha Paul
….for the State
Learned counsel appearing on behalf of the petitioners submits as follows. There was a fight between co-villagers, resulting in injuries. However, the injuries suffered by the present victim were not grievous in nature. However, one from the petitioner’s side received grievous fracture injury. In spite of that anticipatory bail was granted by the learned Sessions Court to the accused therein.
Learned counsel appearing on behalf of the State opposes the prayer for anticipatory bail. He refers to the statements of witnesses and the injury reports present in the case diary which, however, do not show infliction of any grievous injury.
Considering the above, the other materials available in the case diary, the fact that there are case and counter case and the victim from the other side had in fact received grievous injury, I do not think that custodial interrogation of the present petitioners is required in
2 this case and I am inclined to grant anticipatory bail to the petitioners.
In the event of arrest, the petitioners shall be released on bail upon furnishing a bond of Rs.10,000/- each 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 petitioners shall cooperate with investigation, meet the I.O. once a week 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 copies of this order may be delivered to the learned Advocates for the parties, if applied for, upon compliance of all formalities.
(Jay Sengupta, J.)