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2026 DAILYLAW 32503 (CAL)

PARTHA BISWAS AND ORS. v. STATE OF WEST BENGAL

CRM (A)/1295/2026 · 2026-08-12

Tirthankar Ghosh

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

D/L306 12.08.2026 Bpg. Partly Allowed C.R.M. (A) 1295 of 2026 In Re: An application for anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 filed in connection with Bongaon Police Station Case No.287 of 2026 dated 18.04.2026 under Section 318(4) of the Bharatiya Nyaya Sanhita, 2023; Partha Biswas & Ors. Versus The State of West Bengal Mr. Susnigdho Bhattacharyya Ms. Popi Sarkar Mr. Sarmistha De. …for the petitioners. Mr. Brajesh Jha Mr. Somnath Bera. …for the State. Learned advocate for the petitioners submits that the petitioners are innocent and they have been falsely implicated in connection with the instant case. Learned advocate for the State opposes the prayer for anticipatory bail. I have taken into account the merits of the case which include the petitioner no.1 who was running a firm under the name of “Nice Tour and Travels” and accepted money for providing job abroad. The complainant on diverse occasion for the same purpose handed over money. However, neither the job was provided nor the money returned and finally he refused to return the money. 2 Going by the allegations made in the information/complaint, I find that the petitioner nos.2, 3 and 4 have been implicated as they are acquaintance or family relationship. Having considered the overall merits of the case, I am of the opinion that the prayer for anticipatory bail of the petitioner no.1, namely, Partha Biswas should be rejected. However, the prayer for anticipatory bail of the petitioner nos.2, 3 and 4 should be allowed. Accordingly, in the event of arrest, the petitioner no.2, namely, Rima Some Biswas, petitioner no.3, namely, Babu Some alias Manik Some and the petitioner no.4, namely, Ashi Some alias Hasi Some 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. Petitioner no.3 shall make himself available before the investigating officer of the case within a period of 10 days from date and thereafter on all subsequent dates fixed by the investigating officer of the case. Petitioner nos.2 and 4 shall make themselves available as and when required by the investigating officer of the case. Thus, CRM((A)1295 of 2026 is partly 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 3 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.)