Extracted from the PDF above. The PDF is authoritative.
31.07.2026
IN THE HIGH COURT AT CALCUTTA Item No.21
CRIMINAL MISCELLANEOUS JURISDICTION Ct.No.35 dc. Allowed C.R.M. (A) 1587 of 2026
In Re : An Application for anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 filed in connection with Bhadreswar Police Station Case No. 40 of 2026 dated 18.02.2026 under Section 309(6) of the Bharatiya Nyaya Sanhita, 2023 (G.R. Case No. 294/2026). And
In Re : Subir Ghosh
... Petitioner. Mr. Swapan Banerjee, Mr. Kaustav Banerjee
... For the Petitioner. Ms. Koel Mukherjee
... For the State. Learned advocate appearing for the petitioner submits that petitioner has been unnecessarily being implicated in the present case. The persons who were present in the vehicle were arrested. There has been recovery of substantial amount from the said accused persons and because of statement of such arrested persons, petitioner is being chased by the investigating agency. Learned advocate appearing for the State, on the other hand, opposes the prayer for anticipatory bail and submits that there is a previous criminal case against the present petitioner and the investigating officer of the case requires the custody of the present petitioner for the sake of investigation. I have taken into account the overall materials which were initiated on the foundation of non-payment of loan and
2 recovery of the amount relating to a vehicle. Having regard to the factual genesis of the present case and that out of Rs.2,00,000/- which is the alleged sum by the complainant, a sum of Rs.1,85,000/- having been already recovered from three persons who were initially involved in the alleged offence, I am of the view that custodial detention of the present petitioner in connection with the instant case is unwarranted. As such, the prayer for anticipatory bail of the petitioner is allowed. Accordingly, in the event of arrest, the petitioner viz., Subir Ghosh shall be released on bail to the satisfaction of the Arresting Officer on such terms and conditions as he deems fit and proper 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 Bharatiya Nagarik Suraksha Sanhita, 2023.
As the investigation of the case is still in progress, the petitioner, within a period of ten days, shall make himself available before the Investigating Officer of the case and thereafter, the Investigating Officer of the case, if required, would fix subsequent dates for presence of the petitioner for the sake of investigation. Memo of Evidence submitted by the learned advocate appearing for the State be kept with the record. The application for anticipatory bail, being CRM (A) 1587 of 2026, is, thus, disposed of. Pending connected application, if any, is consequently disposed of. 3 All concerned 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 with all requisite formalities. (Tirthankar Ghosh, J.)