D/L819 02.09.2026 Bpg. C.R.M. (A) 2881 of 2026 In Re: An application for anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 filed in connection with Burdwan Police Station Case No.629 of 2026 dated 24.05.2026 under Sections 318(4)/316(3)/336(3)/336(4)/340(2)/3(5)/61(2) of the Bharatiya Nyaya Sanhita, 2023; Divesh Kumar Versus The State of West Bengal & Anr. Mr. Swarup Banerjee Mr. Sajal Kumar Ghosh Mr. Subham Biswas Mr. BIshal Mondal Mr. Atik Masud Molla. …for the petitioner. Mr. Imran Siddiqui Mr. Bibaswan Mukherjee. …for the State. Mr. Sandipan Ganguly Mr. Jaydeep Biswas Mr. Kaushik Ghosh. …for the de facto complainant/opposite party no.2. Learned advocate appearing for the petitioner prays for anticipatory bail. Learned senior advocate appearing for the de facto complainant submits that he has a preliminary objection as the present petitioner, namely, Divesh Kumar filed a put up petition before the jurisdictional court for surrendering and prayed for bail 2 on 31.07.2026. It has been recorded that after the put up petition was allowed and the direction was passed to place the records in the second half, learned advocate for Divesh Kumar submitted that he did not want to press the application with the permission of the court. That a put up petition is allowed presumably because the petitioner surrenders before the court and is in the custody of the court for a cognizable and non-bailable offence having been committed. A prayer for bail is advanced with the put up petition or at least the physical presence of the accused is before the court. Consequently, if the application is not pressed the only option left to the learned jurisdictional court is to take the accused is in custody. Having considered the conduct of the present petitioner and the order passed by the learned CJM, Purba Bardhaman, I am of the opinion that the application for anticipatory bail being CRM(A)2881 of 2026 is not maintainable. Accordingly, CRM(A)2881 of 2026 is dismissed. Certified copy of the order-sheets submitted by the de facto complainant be kept with record. All 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 of all requisite formalities. (Tirthankar Ghosh, J.) 3