1 D/L 40 29.09.2026 Rohit, A.R.(Ct.) ct.no.35 IN THE HIGH COURT AT CALCUTTA CRIMINAL MISCELLANEOUS JURISDICTION APPELLATE SIDE C.R.M (A) 3081 of 2026 Magrud Khan & Anr. Vs The State of West Bengal In Re: An Application for Anticipatory Bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023/ under Section 438 of the Code of Criminal Procedure, 1973 arising out of Lokepur Police Station Case No. 28 of 2026 dated 23.04.2026 under Sections 189(2)/189(3)/189(4)/189(5)/191(3)/221/223(b)/224/121(2)/132 /118/109 of the B.N.S, 2023 read with Section 3 of the Prevention of Damage to Public Property Act, 1984. And In the matter of : 1. Magrud Khan @ Sk. Tutuk 2. Shar Ali Sk @ Sk. Sher Ali @ Shar Ali ……Petitioners. Mr. Sabir Ahmed Mr. Dhiman Banerjee Mr. Q.E. Ahmed …for the Petitioners Mr. Rajendra Banerjee, A.P.P Mr. Subhabrata Chowdhury Ms. Nabanita Chatterjee …for the State 1. Learned Advocate appearing for the petitioners submits that the incident complained of is on the date of the elections. 2. Learned Advocate for the State opposes the prayer for anticipatory bail and submits that because of the conduct of the accused persons CRPF personnel sustained severe and grievous injuries. 2 3. I have taken into account the overall circumstances of the case which reflects that there was a mob which was involved. Petitioners have been named by the informant. 4. Having considered that the number of persons who surrendered were released on bail, I am of the opinion that custodial detention is uncalled for. As such, prayer for anticipatory bail of the petitioners is allowed. 5. As such, I direct that in the event of arrest, the petitioners, namely, 1. Magrud Khan @ Sk. Tutuk 2. Shar Ali Sk @ Sk. Sher Ali @ Shar Ali be released on bail by the Investigating Officer/arresting officer of the case on such terms and conditions as it deems fit and proper. This would be subject to the conditions under Section 438(2) of the Cr.P.C and/or under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023. 6. Accordingly, CRM (A) 3081 of 2026 is allowed. 7. Memo of evidence submitted be kept with the record. 8. All parties shall act in terms of server copy of the order downloaded from the Official website of this Court. 9. Urgent Photostat certified copy of this order, if applied for, be supplied to the parties upon compliance with all requisite formalities. (Tirthankar Ghosh, J.)