1 D/L 605 30.09.2026 Rohit, A.R.(Ct.) ct.no.35 IN THE HIGH COURT AT CALCUTTA CRIMINAL MISCELLANEOUS JURISDICTION APPELLATE SIDE C.R.M (A) 3111 of 2026 Sunil Krishna Khaitan 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 Kaliganj Police Station Case No. 616 of 2026 dated 14.08.2026 under Sections 303(2)/317(2)/317(4)/317(5)/324(5)/351(3)/61(2) of the BNS, 2023 and Section 21 of Mines and Minerals (Development and Regulations) Act, 1957 and Section 11(1) of West Bengal Trees (Protection and Conversation in Non-Forest Areas) Act, 2006 and Section 11(1) of the West Bengal Forest Produce Transit Rules, 1959. And In the matter of : Sunil Krishna Khaitan ……Petitioner. Mr. Milon Mukherjee, Sr. Adv Mr. Imtiaz Ahmed Mrs. Ghazala Firdaus Mr. Md. Arsalan …for the Petitioner Mr. Rajdeep Biswas Mr. Deepak Khetawa …for the State 1. Learned Advocate appearing for the petitioner submits that petitioner has been foisted with criminal case which refers to incident between 2016-2026. 2. Learned Advocate for the State opposes the prayer for anticipatory bail. 3. I have taken into account the genesis of the case which was on the foundation of an application under Section 175(3) of the BNSS. 4. Having considered that the police authorities were initially reluctant to register the case and subsequently 2 pursuant to the direction of the Court proceeded with the investigation. I am of the opinion that custodial detention of the petitioner may not be warranted. As such, prayer for anticipatory bail of the petitioner is allowed. 5. As such, I direct that in the event of arrest, the petitioners, namely, Sunil Krishna Khaitan 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. As the investigation of the case is in progress, petitioner shall make himself available before the Investigating Officer within a period of ten days from the date of the order and shall subsequently follow the Investigating Officer as and when called for till the report in final form is submitted before the jurisdictional Court. 7. Accordingly, CRM (A) 3111 of 2026 is allowed. 8. Memo of evidence submitted be kept with the record. 9. All parties shall act in terms of server copy of the order downloaded from the Official website of this Court. 10. Urgent Photostat certified copy of this order, if applied for, be supplied to the parties upon compliance with all requisite formalities. (Tirthankar Ghosh, J.)