BROJANATH PODDAR AND ANR v. THE STATE OF WEST BENGAL
CRM(A)/554/2026 · 2026-07-28
Shampa Sarkar
body2026
DailyLaw.ai
[ 2026 DAILYLAW 30625 (CAL) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 30625 (CAL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
28.07.2026 Ct. No. 11 SL No.24 Cp CALCUTTA HIGH COURT IN THE CIRCUIT BENCH AT JALPAIGURI
CRM (A) No. 554 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 Bhaktinagar Police Station Case No.203 of 2026, dated 06.03.2026 under Sections 126(2)/ 118(1)/ 109(1)/ 351 (2)/3(5) of the BNS, 2023.
And
In the matter of: Brojanath Poddar & Anr. ….Petitioners.
Ms. Madhushri Dutta …for the Petitioners.
Mr. Avrojyoti Das, Ld. APP Mr. Reshab Kumar Mr. Arko Sarkar
… for the State.
The petitioners pray for pre-arrest bail on the ground of parity with some of the co-accused persons, namely, Biki Das and Priyanka Das. Learned advocate for the State opposes such prayer and submits that, when Biki and Priyanka were granted pre-arrest bail, the injury report was not available. Considered the materials on record and perused the injury report. It appears that the doctor has certified the injury to be simple. There is no report with regard to any criminal antecedent. Under such circumstances, this Court is inclined to allow the prayer for pre-arrest bail. Accordingly, this court directs that, in the event of arrest, the petitioners shall be released on bail upon furnishing a bond of Rs.20,000/- each with two sureties of like amount each, one of whom
2 must be local, to the satisfaction of the Arresting Officer and 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 B.N.S.S. 2023. The petitioner no. 1, namely Brojanath Poddar shall meet the investigating officer once a week. Both the petitioners will cooperate with the investigation and shall not intimidate witnesses or tamper with evidence in any manner whatsoever. The petitioners shall not leave the jurisdiction of the Bhaktinagar Police Station. In case the petitioners fail to adhere to any of the conditions stated above, the learned jurisdictional court shall be entitled to cancel the bail without further reference to this court. The application for anticipatory bail is, thus, disposed of. All parties shall act on the server copies of this order duly downloaded from the official website of this Court.
(Shampa Sarkar, J.)