Extracted from the PDF above. The PDF is authoritative.
22.07.2026 Item No.13 Court No.11 (GB) (Allowed)
Calcutta High Court
In the Circuit Bench at Jalpaiguri
CRM (A) 498 of 2026
In Re: - An application for anticipatory bail under section 438 of the Code of Criminal Procedure, 1973/Section 482 of the B.N.S.S. 2023, in connection with Pradhan Nagar Police Station Case No.487 of 2023 dated 06.07.2023 under Sections 25(1-A)/25(6)/35 of the Arms Act, 1959. And In the matter of: Md. Raj @ Raj Md. ….Petitioner. Mr. Subham Ghosh Mr. Mayank Roy …for the Petitioner. Mr. Avrojyoti Das, Ld. APP.,
Ms. Suman Sehanabis,
Mr. Atul Dong
… for the State. 1. The petitioner prays for pre-arrest bail in connection with Pradhan Nagar Police Station Case No.487 of 2023 dated July 6, 2023 under Sections 25(1-A)/25(6)/35 of the Arms Act, 1959. 2. Learned advocate appearing for the State produces the case diary and opposes the prayer for anticipatory bail of the petitioner. 3. It is submitted that the said Pradhan Nagar police station case was initiated on the basis of a complaint lodged by S.I. Asit Saha to the Inspector-in-Charge, Pradhan Nagar Police Station with regard to a hidden firearm at a secret place. The firearm was recovered on the basis of the statement of the petitioner and the other accused persons during interrogation in connection with Pradhan Nagar P.S. Case No.453 of 2023 dated June 24, 2023, when they were in police custody. The seizure list is pointed out in order to establish that the
2 firearm recovered in the instant case was the same firearm which was a part of the earlier investigation and a charge-sheet has been filed in Pradhan Nagar P.S. Case No.453 of 2023. The petitioner alleged double jeopardy. It has been submitted that the recovery of the firearm is a part of the first investigation in P.S. Case No.453 of 2023, in which the petitioner has already been granted bail. 4. The recovery was made when the petitioner was in custody. 5. Considering the order granting bail to the petitioner in connection with Criminal Misc. Case No.288 of 2026, the seizure list and the contents of the complaint, this Court is inclined to allow the prayer for pre-arrest bail. It appears that the charge-sheet has already been filed. 6.
Accordingly, This Court direct that in the event of arrest the petitioner shall be released on bail upon furnishing a bond of Rs.50,000/- with two sureties of like amount each, one of the whom must be local, to the satisfaction of the arresting officer and subject to the conditions as laid down under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023. The further condition is that the petitioner shall appear before the jurisdictional court on the dates fixed. The petitioner shall not leave the jurisdiction of the Pradhan Nagar Police Station without permission of the court. 7. In case the petitioner fails to adhere to any of the conditions as stated above, the learned jurisdictional court shall be entitled to cancel the bail without further reference to this Court. 3
8. The application for anticipatory bail is, thus, allowed and disposed of. 9. All parties shall act on the server copies of this order duly downloaded from the official website of this Court. (Shampa Sarkar, J.)