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2026 DAILYLAW 64 (CAL)

RAM KRISHNA GHOSH AND ORS. v. STATE OF WEST BENGAL

/578/2026 · 2026-03-06

Jay Sengupta

body2026

Judgment text

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06.03.2026 Court No.28 Item No. 43 tbsr Allowed CRM (A) 578 of 2026 In Re: - An application for anticipatory bail under Section 438 of the Code of Criminal Procedure/under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Mothabari P.S. Case No.31 of 2026 dated 11.01.2026 under Sections 329(3)/324(4)/115(2)/110/3(5)B of the BNS, 2023. And In the matter of: Ram Krishna Ghosh & Ors. ….Petitioners. Mr. Balaram Patra, Mr. Suvadip Bhattacharjee …for the petitioners Mr. Binoy Kumar Panda, Mr. Parvej Anam … for the State Learned counsel appearing on behalf of the petitioners submits as follows. The petitioners are the owners of the land in question. The de facto complainant being politically influential wanted to grab the property. This led to a ruckus. Learned counsel appearing on behalf of the State opposes the prayer for anticipatory bail. He relies on the statements of witnesses. However, he submits that there is no injury report present in the case diary. Considering the above and the other materials available in the case diary, I do not think that custodial interrogation of the petitioners is required in this case and I am inclined to grant anticipatory bail to the petitioners. In the event of arrest, the petitioners shall be released on bail upon furnishing a bond of Rs.10,000/- each with two sureties of like 2 amount each, one of whom must be local, to the satisfaction of the Arresting Officer 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 BNSS, 2023 and on further condition that the petitioners shall cooperate with investigation, shall meet the I.O. as and when required and shall not threaten or intimidate witnesses. The application for anticipatory bail is, thus, allowed. Urgent photostat certified copies of this order may be delivered to the learned Advocates for the parties, if applied for, upon compliance of all formalities. (Jay Sengupta, J.)