DEBU MISHRA @ DEBU MISRA AND ORS. v. STATE OF WEST BENGAL
CRM (A)/2871/2026 · 2026-09-01
Tirthankar Ghosh
body2026
DailyLaw.ai
[ 2026 DAILYLAW 37468 (CAL) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 37468 (CAL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
D/L856 01.09.2026 Bpg. Partly Allowed
C.R.M. (A) 2871 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 316(2)/316(5)/318(4)/3(5) of the Bharatiya Nyaya Sanhita, 2023 read with Section 4D of the West Bengal Land Reforms Act, 1955 and Section 17A of West Bengal Inland Fisheries Act, 1984;
Debu Mishra @ Debu Misra & Ors. Versus The State of West Bengal
Mr. Tapodip Gupta Mr. Suman Bhanja Mr. Golam Ahammad. …for the petitioners. Mr. Paramanand Sharma Mr. Snehasis Banerjee Ms. Kritika Jain. …for the State. Learned advocate appearing for the petitioners at the inception submits that the petitioner no.1 has already been arrested. As such, he expresses desire to withdraw the application for anticipatory bail
Accordingly, the prayer for anticipatory bail of the petitioner no.1, namely Debu Mishra @ Debu Misra is dismissed as not pressed. So far as the petitioner nos.2 and 3 are concerned
2 learned advocate submits that the petitioner nos.2 and 3 are innocent and are being foisted with the criminal case. Learned advocate for the State opposes the prayer for anticipatory bail. I have taken into account the relevant facts of demand of money and also filling up water-body as has been alleged. The incident complained of is for the period 2014 to 2016. Having considered the same, I am of the opinion that custodial detention of the petitioner nos.2 and 3 may not be warranted. As such, the prayer for anticipatory bail of the petitioner nos.2 and 3 are allowed. Accordingly, in the event of arrest, the petitioner no.2, namely, Uttam Sarkar and the petitioner no.3, namely, Biplab Dey @ Biplab De 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. As the investigation of the case is in progress, the petitioner nos.2 and 3 shall report to 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 till the report in final form is submitted before the jurisdictional court. Thus, CRM(A) 2871 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.)