31.08.2026 IN THE HIGH COURT AT CALCUTTA Item No.103 CRIMINAL MISCELLANEOUS JURISDICTION Ct.No.35 dc. Allowed C.R.M. (A) 2857 of 2026 In Re : An Application for anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 filed in connection with Bhimpur Police Station Case No. 189 of 2026 dated 07.06.2026 under Sections 318(4)/316(2)/316(5)/3(5) of the Bharatiya Nyaya Sanhita, 2023 and Section 17A of West Bengal Inland Fisheries Act, 1984 and Section 4D of West Bengal Land Reforms Act. And In Re : Toton Das and another ... Petitioners. Mr. Atis Kumar Biswas, Ms. Jyoti Agarwal ... For the Petitioners. Mr. Krishnendu Bhattacharya, APP, Ms. Priti Kar Bagchi ... For the State. Learned advocate appearing for the petitioners submits that petitioners are innocent and has been falsely implicated in connection with the instant case. Learned advocate appearing for the State, on the other hand, opposes the prayer for anticipatory bail and produces the case diary. I have taken into account the statements of the witnesses and I find that the accusations relate back to the year 2013 to 2018. Having considered the same, I am of the opinion that although a case for investigation is made out, but custodial detention of the present petitioners in connection with the instant case is unwarranted in the facts and circumstances of the case. As such, the prayer for anticipatory bail of the petitioners is allowed. Accordingly, in the event of arrest, the petitioners viz., 1. Toton Das and 2. Sarathi Das shall be released on bail to 2 the satisfaction of the Arresting Officer on such terms and conditions as he deems fit and proper and also be 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 no.1, within a period of ten days from date, 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 till the report in final form is submitted before the jurisdictional court. So far as the petitioner no.2 is concerned, she shall make herself available as and when called for by the Investigating Officer of the case. 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) 2857 of 2026, is, thus, disposed of. 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.)