22.09.2026 Court No.35. D/L.21. Rakib (Partly Allowed) CRM (A) 3010 of 2026 In Re: An Application for Anticipatory Bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Bagdah Police Station case no. 410 of 2026 dated 10.06.2026 under Sections 329(4)/326(g)/3(5) of the Bharatiya Nyaya Sanhita, 2023. And In the matter of : Sadhan Biswas (Nadu) & Ors. ……Petitioners. Mr. Sayan De Mr. Sayan Kanjilal Mr. Koustav Shome Mr. Akash Sarkar ......for the Petitioners. Mr. Sagar Saha Ms. Nayana Mukhopadhyay ……for the State. Learned advocate appearing for the petitioners submit that petitioners have been falsely foisted with the present criminal case. There was already existing civil dispute as also the fact that there were differences of political opinion for which present petitioners, particularly the whole of the family has been foisted with the criminal case when an accident took place in the nearby locality. Learned advocate appearing for the State has opposed the prayer for anticipatory bail and submitted that against some of the accused there were previous antecedents. Attention of the Court has been drawn to the seizure list as well as the FSL report. Having regard to the overall circumstances, the factual background cannot be ruled out. So far as the complicity of the present petitioners are concerned, I find that in a generalized manner whole of the family have been implicated but the incident cannot be 2 ruled out at this stage as is reflected from the Case Diary, so also the factum of previous antecedents. Having considered that petitioner no.5 is 71 years of age, although he is having previous antecedents and petitioner no.3 is a lady, I am of the view that a lenient approach should be taken. Having regard to the number of petitioners present over here, I find that so far as the petitioner no.2 namely, Partha Biswas is concerned, his prayer for anticipatory bail is rejected. So far as the other petitioners namely, (1) Sadhan Biswas (Nadu), (2) Maya Biswas @ Maya Rani; (3) Chalanta Biswas @ Bidhan Biswas; (4) Nitai Biswas and (5) Shyamal Biswas are concerned, their prayer for anticipatory bail is allowed. Accordingly, in the event of arrest, the petitioners shall be released on bail to the satisfaction of the Arresting Officer on such terms and conditions as he deems fit and proper 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 nos. 1, 4, 5 and 6 shall report to the Investigating Officer of the case within a period of ten days and thereafter, on all subsequent dates fixed by the Investigating Officer of the case for the sake of investigation till the report in final form is submitted before the jurisdictional Court. 3 Accordingly, CRM (A) 3010 of 2026 is partly allowed. Memo of evidence submitted by the State 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. Urgent photostat certified copy of this order, if applied for, be supplied to the parties upon compliance with all requisite formalities. (Tirthankar Ghosh, J.)