JAKIR HOSSEN SHA AND ANOTHER v. STATE OF WEST BENGAL
CRM (A)/914/2026 · 2026-08-04
Tirthankar Ghosh
body2026
DailyLaw.ai
[ 2026 DAILYLAW 33383 (CAL) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 33383 (CAL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
04.08.2026 Court No.35.
D/L. 39. Kausik (Allowed)
CRM (A) 914 of 2026
In Re: An Application for Anticipatory Bail under Section 438 of the Code of Criminal Procedure, 1973/Under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Tarakeswar Police Station Case No. 123/2025 dated 08.04.2025 under Sections 117(2)/118(2)/126(2)/3(5)/351(2)/352/76 of the BNS, 2023.
And In the matter of : Jakir Hossen Sha & Anr.
……Petitioners.
Mr. Soukteya Ganguly
……for the Petitioners.
Mr. Nayana Mukhopadhyay
….for the State.
Learned advocate appearing for the petitioners submits that there are case and counter-case between the parties. The accused persons have also suffered injuries.
Learned advocate for the State opposes the prayer for bail, draws the attention of the Court to the injury report as well as the statement of the injured.
I have taken into account the genesis of the case. The genesis of the case as reflected from the prosecution papers are that, the petitioner went to tie his cow at the land over which the dispute cropped up. Both the parties got injured.
2
Having considered the bad blood existing between the accused/petitioners and the defacto complainant, I direct that on conditions petitioner’s prayer for anticipatory bail be allowed. As such, I direct that in the event of arrest, the petitioner namely, (1) Jakir Hossen Sha, (2) Mafijuddin Sha be released on bail subject to the satisfaction of the investigating officer/arresting officer of the case and also subject to the conditions as laid down under Section 438(2) of the Cr.P.C. and/or under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.
As the investigation of the case is in progress, petitioners shall, within a period of 10 days, meet with the Investigating Officer of the case and thereafter attend the Investigating Officer as and when called for. Additionally, petitioners, till the charge sheet is submitted, would stay outside the jurisdiction of Tarakeswar Police Station.
Accordingly, CRM (A) 914 of 2026 is allowed.
Memo of Evidence submitted be kept with the record.
All parties shall act in terms of server copy of the order downloaded from the official website of this Court.
3 Urgent photostat certified copy of this order, if applied for, be supplied to the parties upon compliance with all requisite formalities.
(Tirthankar Ghosh, J.)