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2026 DAILYLAW 42660 (CAL)

BISWANATH GHOSH AND ORS v. STATE OF WEST BENGAL

CRM (A)/3241/2026 · 2026-09-22

Tirthankar Ghosh

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

22.09.2026 IN THE HIGH COURT AT CALCUTTA Item No.1094 CRIMINAL MISCELLANEOUS JURISDICTION Ct.No.35 dc. Allowed C.R.M. (A) 3241 of 2026 In Re : An Application for anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 filed in connection with Nadanghat Police Station Case No. 401 of 2026 dated 07.08.2026 under Sections 341/436/384/ 506/34 of the Indian Penal Code (G.R. Case No. 1609/2026). And In Re : Biswanath Ghosh and others ... Petitioners. Mr. Sekhar Kumar Basu, Sr. Adv., Mr. Soubhik Mitter, Ms. Rajnandini Das, Mr. Karan Bapuli ... For the Petitioners. Mr. Kallol Mondal, Ld. PP, Mr. Pritam Roy, Ms. Triparna Roy ... For the State. Ms. Minoti Gomes, Mr. Dhananjay Banerjee, Mr. Mahiul Islam, Mr. Archan Dutta ... For the de facto complainant. Learned senior advocate appearing for the petitioners submits that petitioners have been foisted with the present criminal case after there has been change in administration. According to the petitioners, the incident complained of is of the year 2013 and in order to settle scores, the case has been registered and set into motion on or about August, 2026. Learned advocate appearing for the de facto complainant opposes the prayer for anticipatory bail and submits that the petitioners are of dangerous character 2 having criminal antecedent and because of their clout, the informant could not initiate any proceedings against them. Learned advocate appearing for the State opposes the prayer for anticipatory bail and submits that against one of the accused person there was a criminal case of murder and he has been convicted in the said case. I have taken into account the information and the materials collected by the investigating agency. There is a issue relating to occupation of some land and over the said issue there was a dispute in the month of December, 2013. The complaint has been submitted before the police authorities on or about first week of August, 2026. Having considered the same, I am of the opinion that custodial detention of the present petitioners in connection with the instant case is unwarranted. As such, the prayer for anticipatory bail of the petitioners is allowed. Accordingly, in the event of arrest, the petitioners viz., 1. Biswanath Ghosh, 2. Aloke Biswas, 3. Dhiren Dhara and 4. Sandipta Ghosh shall be released on bail to 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. However, petitioner no.1 is having a criminal antecedent, consequently I direct that the petitioner no.1 would meet with the investigation of the case once a week till 3 the report in final form is submitted before the jurisdictional court. So far as the petitioner nos. 2, 3 and 4 are concerned, they shall report to the Investigating Officer of the case within a period of ten days from date and thereafter on all subsequent dates fixed by the Investigating Officer, if required for the sake of investigation, till the report in final form is submitted before the jurisdictional court. 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) 3241 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.)