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2026 DAILYLAW 36371 (CAL)

SOUMIK GANTAIT AND ANR. v. STATE OF WEST BENGAL

CRM (A)/1908/2026 · 2026-08-28

Ajay Kumar Gupta

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

28.08.2026 Serial no. 02 [Srimanta] Ct. No. – 39 Rejected CRM (A) 1908 of 2026 In re : An Application for anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 filed in connection with G. R. Case No. 168/2025 arising out of Kharagpur Local Police Station Case No. 65/2025 dated 17.01.2025 under Sections 303(2)/317(2)/317(4)/ 112(2)/3(5) of Bharatiya Nyaya Sanhita, 2023 read with Section 21 of the Mines and Minerals (Development and Regulation) Act, 1957 pending before the Learned A.C.J.M., Kharagpur, Paschim Medinipur -And- In the matter of : SOUMIK GANTAIT & ANR. … … Petitioners. Md. Aasif Iqbal, Advocate … … For the Petitioners. Mr. Subrata Mukherjee, Ms. Hasi Saha, Advocates … …For the State. 1. Memo of Evidence, filed by the State in Court today, be kept with the record. 2. Supplementary affidavit, filed on behalf of the petitioners enclosing the driving licence of the present petitioners in Court today, is taken on record. 3. Learned Counsel appearing on behalf of the petitioners submits that the present petitioners are only truck drivers and have been falsely implicated in this case. It is further submitted that the other co-accused, being another driver, was allowed anticipatory bail by the Sessions Judge. He prays for anticipatory bail on parity ground on any terms and conditions. 2 4. Learned Advocate appearing for the State produces the Memo of Evidence and Case Diary and opposes the prayer for anticipatory bail, contending that the Co-ordinate Bench of this Court has rejected the anticipatory bail of another co-accused who was an owner of a truck used for transportation of illegally stolen sand. 5. Having heard the submission of the respective parties and on perusal of the materials on record as well as bail orders, this Court finds the present petitioners are not standing on the same footing as the other drivers. They are standing similarly as the co-accused Sk. Mantu, whose prayer for anticipatory bail has been rejected by the Co-ordinate Bench of this Court. Accordingly, I am also not inclined to grant anticipatory bail to the petitioners. 6. The application for anticipatory bail being CRM(A) 1908 of 2026 is, thus, rejected. 7. All concerned parties shall act on the server copies of this order duly downloaded from the official website of this Court. 8. Concerned Department is directed to supply urgent certified copies of this order to the parties, if applied for, upon compliance of all necessary formalities. (Ajay Kumar Gupta, J.)