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2026 DAILYLAW 30433 (CAL)

SUBIR KUMAR GHOSH v. STATE OF WEST BENGAL

CRM (A)/2270/2026 · 2026-07-27

Tirthankar Ghosh

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

D/L646 27.07.2026 Bpg. Allowed C.R.M. (A) 2270 of 2026 In Re: An application for anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita(BNSS), 2023, corresponding to section 438 of the Criminal Procedure Code, 1973 filed in connection with Serampore Police Station Case No.374 of 2026 dated 06.07.2026 under Sections 127(2)/140(2)/115(2)/308(2)/109/351(2)/61(2)/3(5) of the Bharatiya Nyaya Sanhita, 2023; Subir Kumar Ghosh Versus The State of West Bengal Mr. Kalyan Bandopadhyay Mr. Rahul Kumar Singh Mr. Md. Danish Farooqui. …for the petitioner. Mr. Krishnendu Bhattacharya Ms. Priti Kar Bagchi. …for the State. Learned senior advocate appearing for the petitioner submits that the petitioner has been implicated pursuant to change of administration as petitioner is an elected representative of Baidyabati Municipality. Learned Additional Public Prosecutor opposes the prayer for anticipatory bail. I have taken into account the materials appearing in the case diary and I do not find that there been any change in the title of the property as was apprehended by the petitioner while initiating the complaint. I have taken into account the medical related documents. 2 Having regard to the overall circumstances including the factum that the incident complained of is of February, 2026, I am of the opinion that although the investigation may continue but custodial detention of the present petitioner may not be warranted in the facts of the present case. As such, the prayer for anticipatory bail of the petitioner is allowed. Accordingly, in the event of arrest, the petitioner, namely, Subir Kumar Ghosh shall be released on bail 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 corresponding to Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023. As the investigation of the case is in progress, petitioner shall within a period of 10 days meet with the investigating officer of the case and subsequently make himself available as and when called for by the investigating officer of the case. Thus, CRM(A)2270 of 2026 is allowed. Memo of Evidence submitted by the State be kept with the record. All parties shall act on the server copy of this order duly downloaded from the official website of this Court. Urgent photostat certified copy of this order, if applied for, be supplied to the parties upon compliance of all requisite formalities. (Tirthankar Ghosh, J.) 3