Biban Mandal @ Hiru Mandal vs Unknown on 11 August, 2025

Calcutta High Court (Appellete Side)

Biban Mandal @ Hiru Mandal vs Unknown on 11 August, 2025

11.08.2025
Item No.20
Ct. No. 446
RP
 Allowed

                                     C.R.M.(A) 2735 of 2025

              In Re:- An application for anticipatory bail under Section 438 of
              the Code of Criminal Procedure, 1973 corresponding to Section
              482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, in
              connection with English Bazar Police Station Case No. 1659 of
              2024        dated        13.11.2024          under       Sections
              109/115(2)/118(1)/118(2)/3(5)/329(4)/351(2)              of   the
              Bharatiya Naya Sanhita pending before the Court of the
              Learned Chief Judicial Magistrate, Malda.
                                                And

              In the matter of : Biban Mandal @ Hiru Mandal
                                                              ...... petitioner

                    Mr. Kalidas Saha
                    Ms. Khushi Mollick
                                     ....for the petitioner

                    Mr. Arindam Sen
                    Ms. Baishakhi Chatterjee
                                    ....for the State

                 1.

It is submitted by the learned advocate for the petitioner

that a longstanding family feud is existing between the

parties over which civil disputes are also pending. It is

further submitted that the petitioner has been falsely

implicated in the case and he is no way connected with

the same.

2. Learned advocate for the state raises objection.

3. Heard the submissions of both the learned advocates.

4. Perused the material available in the case diary as well as

the statements made under Section 180 of BNSS coupled

with the injury report. It further transpires that the role
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attributed by the petitioner is not tallying with the nature

of injury mentioned in the injury report. Therefore,

considering these aspects and in view of complicity of the

petitioner and the fact that rest of the accused, who have

already surrendered before the Court, this Court is of the

prima facie view that custodial interrogation of the

petitioner is not necessary.

5. Accordingly, this Court is inclined to grant anticipatory

bail subject to fulfillment of certain conditions other than

compliance of the conditions laid down in Section 482(2)

BNSS.

6. In the event of arrest, the petitioner shall be released on

bail upon furnishing a bond of Rs.10,000/- (Rupees Ten

Thousand only), with two sureties of like 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 482(2) of the BNSS and on

further condition that the he shall appear before the

investigating officer once in a week and in case of

violation of any of such provision the prosecution will be

at liberty to pray for cancellation of anticipatory bail

granted without further reference to this Court.

7. This application for anticipatory bail is, thus, disposed of

as allowed.

(Chaitali Chatterjee (Das), J.)
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