Shyamal Prasad Vs State of West Bengal — Anticipatory Bail | Calcutta HC (2025)

Shyamal Prasad Vs State of West Bengal — Anticipatory Bail | Calcutta HC (2025)

What the court decided

AI extract

Outcome

Anticipatory bail: in the event of arrest, the petitioner to be released on bail upon furnishing a bond of Rs.10,000/- with two sureties of like amount each, to the satisfaction of the Arresting Officer, subject to the conditions under Section 438(2) CrPC / Section 482(2) BNSS and to appearance on every date before the jurisdictional Court; on violation, the learned Trial Court may cancel the anticipatory bail and ensure the petitioner's presence without further reference to this Court.

Issue for consideration

Whether Shyamal Prasad, accused in Patiram Police Station Case No. 66 of 2025 under Sections 126(2)/115(2)/117(2)/118(2)/109(1)/3(5) of the Bharatiya Nyaya Sanhita, 2023, is entitled to anticipatory bail under Section 438 of the Code of Criminal Procedure, 1973 read with Section 482 of the BNSS, 2023.

Court's answer

After careful scrutiny of the evidence recorded including the FIR, the Court was inclined to grant anticipatory bail to the accused Shyamal Prasad.

Ratio / Principle

In the event of arrest, the petitioner is to be released on bail on furnishing a bond of Rs.10,000/- with two sureties of like amount each to the satisfaction of the Arresting Officer, subject to the conditions under Section 438(2) CrPC / Section 482(2) BNSS, and to appear on every date before the jurisdictional Court; in case of violation, the learned Trial Court has liberty to cancel the anticipatory bail.

Key takeaways

The application for anticipatory bail is allowed and CRM (A) 2000 of 2025 stands disposed of.ratio¶¶13

Detailed headnote1 paragraphs

Anticipatory bail — application under Section 438 of the Code of Criminal Procedure, 1973 read with Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 — Patiram Police Station Case No. 66 of 2025 dated 21.03.2025 under Sections 126(2)/115(2)/117(2)/118(2)/109(1)/3(5) of the Bharatiya Nyaya Sanhita, 2023, pending before the learned Judicial Magistrate, Dakshin Dinajpur at Blaurghat — Petitioner and the victim are cousin brothers; dispute related to a construction (per petitioner's counsel); State relied on an injury report of grievous nature and the statement under Section 161 CrPC (Section 180 BNSS) — Held: after careful scrutiny of the evidence recorded including the FIR, anticipatory bail granted; in the event of arrest, petitioner to be released on a bond of Rs.10,000/- with two sureties of like amount each to the satisfaction of the Arresting Officer, subject to Section 438(2) CrPC / Section 482(2) BNSS conditions and appearance on every date before the jurisdictional Court; Trial Court at liberty to cancel the anticipatory bail on violation — Application allowed; CRM (A) 2000 of 2025 disposed of.

Sl. No.44 10.07.2025 Ct. No. 32 pg. Allowed

CRM (A) 2000 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 Patiram Police Station Case No. 66 of 2025 dated 21.03.2025 under Sections 126(2)/115(2)/117(2)/ 118(2)/109(1)/3(5) of the Bharatiya Nyaya Sanhita, 2023, pending before the Court of the learned Judicial Magistrate, Dakshin Dinajpur at Blaurghat.

And

In the matter of : Shyamal Prasad

...… Petitioner Mr. Biswajit Manna … For the petitioner

Mr. Binoy Kumar Panda Mr. Shashanka Shekhar Sinha … For the State

Learned counsel appearing on behalf of the petitioner has submitted that the petitioner is not involved in commission of any of the offences under Section 126(2)/115(2)/117(2)/118(2)/ 109(1)/3(5) of the Bharatiya Nyaya Sanhita, 2023 (in short, ‘BNS’). He has further submitted that both the victim and the petitioner are cousin brothers and there was dispute with respect to a construction.

Learned counsel appearing on behalf of the State has referred to the injury report showing grievous in nature as well as the statement recorded under Section 161 of the Code of Criminal Procedure (Section 180 of the BNSS).

After careful scrutiny of the evidence recorded including FIR, I am inclined to grant anticipatory bail in respect of the accused Shyamal Prasad.

2

Accordingly, I direct that 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, 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 and to add to that the petitioner shall appear on every date before the jurisdictional Court on and from the date fixed for appearance of the accused and in case of any violation, the learned Trial Court shall have the liberty to cancel the anticipatory bail and to take all steps to ensure the presence of the petitioner/accused in Court without further reference to this Court.

This application for anticipatory bail is, thus, allowed.

Accordingly, CRM (A) 2000 of 2025 stands disposed of.

All parties shall act on the basis of a server copy of this order duly downloaded from the official website of this Court.

Criminal Section is directed to supply certified copies of this order to the parties, if applied for, upon compliance of all necessary formalities.