Rafik Mia @ Rafik Ansari and Ors. Vs State of West Bengal — Anticipatory Bail | Calcutta HC (2025)

Rafik Mia @ Rafik Ansari and Ors. Vs State of West Bengal — Anticipatory Bail | Calcutta HC (2025)

What the court decided

AI extract

Outcome

Prayer for anticipatory bail of petitioner no.1 (Rafik Mia @ Rafik Ansari) rejected; anticipatory bail granted to petitioner nos. 2, 3 and 4 (Safik Mia @ Safid Ansari, Nazrul Mia @ Najrul Ansari @ Najrul Mia, Yakub Mia @ Yakub Miyan) upon bond of Rs.10,000/- each with two sureties of like amount to the satisfaction of the arresting officer, subject to Section 482(2) BNSS conditions, monthly meeting with the Investigating Officer till conclusion of investigation, and appearance on every date before the jurisdictional Court, default attracting orders including cancellation without further reference to this Court.

Issue for consideration

Whether the four petitioners are entitled to anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Md. Bazar Police Station Case No. 35 of 2025. +1 more

Ratio / Principle

Given the active role attributed to petitioner no.1 (Rafik Mia @ Rafik Ansari) by the injured victim, the Court was not in a position to grant him anticipatory bail and his prayer was rejected.

Key takeaways

Anticipatory bail was granted to petitioner nos. 2, 3 and 4 (Safik Mia @ Safid Ansari, Nazrul Mia @ Najrul Ansari @ Najrul Mia and Yakub Mia @ Yakub Miyan).ratio¶14
On arrest, petitioner nos. 2, 3 and 4 are to be released on bail on a bond of Rs.10,000/- each with two sureties of like amount to the satisfaction of the arresting officer, subject to the conditions under Section 482(2) BNSS, monthly meetings with the Investigating Officer till conclusion of investigation, and appearance on every date before the jurisdictional Court, failing which the jurisdictional Court may secure presence including cancelling the anticipatory bail without further reference to this Court.ratio¶15

Detailed headnote1 paragraphs

Anticipatory bail application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 by four persons in connection with Md. Bazar Police Station Case No. 35 of 2025 dated 28.01.2025 under Sections 329(3)/ 115(2)/ 117(2)/ 109/ 351(2)/3(5) of the Bharatiya Naya Sanhita, 2023, pending before the Learned Additional Chief Judicial Magistrate, Suri, Birbhum. In an incident of assault a lady suffered grievous hurt; her statement recorded under Section 180 BNSS implicated petitioner no.1 (Rafik Mia @ Rafik Ansari) in the blow causing the grievous hurt and placed the other three petitioners at the place of occurrence. Considering the active role attributed to petitioner no.1 by the injured victim, his prayer for anticipatory bail was rejected. Petitioner nos. 2, 3 and 4 (Safik Mia @ Safid Ansari; Nazrul Mia @ Najrul Ansari @ Najrul Mia; Yakub Mia @ Yakub Miyan) were granted anticipatory bail on a bond of Rs.10,000/- each with two sureties of like amount to the satisfaction of the arresting officer, subject to the conditions of Section 482(2) BNSS, monthly meetings with the Investigating Officer till conclusion of investigation, and appearance on every date before the jurisdictional Court, default permitting the jurisdictional Court to secure presence including cancellation without further reference to the High Court. Application partly allowed.

13.03.2025 Item No.32 Ct. No. 26 CHC Partly Allowed

C.R.M.(A) 872 of 2025

In Re:- An application for anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, in connection with Md. Bazar Police Station Case No. 35 of 2025 dated 28.01.2025 under Sections 329(3)/ 115(2)/ 117(2)/ 109/ 351(2)/3(5) of the Bharatiya Naya Sanhita, 2023, pending before the Learned Additional Chief Judicial Magistrate, Suri, Birbhum.

And

In the matter of: Rafik Mia @ Rafik Ansari & Ors.

...… petitioners

Mr. Sujoy Sarkar, Advocate Ms. Sneha Srivastava, Advocate Ms. Debolina Goswami, Advocate .…for the petitioners

Mr. Saibal Bapuli, Ld. A.P.P. Mr. Nirupam Dhali, Advocate .…for the State

Four petitioners are before us seeking anticipatory bail.

In an incident of assault, a lady suffered grievous hurt. The injured recorded her statement under Section 180 of the B.N.S.S implicating the petitioner no.1 in assaulting the blow which caused the grievous hurt to her. She also places three other petitioners before us at the place of occurrence.

Considering the active role attributed to the petitioner no.1, by the injured victim and considering the role attributed to the other petitioners by the same injured victim, we are not in a position to grant anticipatory bail to the petitioner no.1, Rafik Mia @ Rafik Ansari. Prayer for

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anticipatory bail in respect of petitioner no.1, Rafik Mia @ Rafik Ansari is rejected.

We, however, grant anticipatory bail to the petitioner nos.2, 3 and 4.

Accordingly, we direct that in the event of arrest the petitioner no.2, namely, Safik Mia @ Safid Ansari, petitioner no.3, namely, Nazrul Mia @ Najrul Ansari @ Najrul Mia and petitioner no.4, namely, Yakub Mia @ Yakub Miyan shall be released on bail upon furnishing a bond of Rs.10,000/- (Rupees Ten Thousand only) each, 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 on further condition that the petitioner no.2, namely, Safik Mia @ Safid Ansari, petitioner no.3, namely, Nazrul Mia @ Najrul Ansari @ Najrul Mia and petitioner no.4, namely, Yakub Mia @ Yakub Miyan shall meet the Investigating Officer once in a month till the conclusion of investigation and on condition that the petitioner no.2, namely, Safik Mia @ Safid Ansari, petitioner no.3, namely, Nazrul Mia @ Najrul Ansari @ Najrul Mia and petitioner no.4, namely, Yakub Mia @ Yakub Miyan shall appear on every date before the jurisdictional Court on and from the date fixed for

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appearance of the accused and in default the jurisdictional Court will pass appropriate order to secure the presence of the petitioner no.2, namely, Safik Mia @ Safid Ansari, petitioner no.3, namely, Nazrul Mia @ Najrul Ansari @ Najrul Mia and petitioner no.4, namely, Yakub Mia @ Yakub Miyan in Court including cancelling the anticipatory bail granted without further reference to this Court.

This application for anticipatory bail is, thus, allowed.

(Debangsu Basak, J.)

(Smita Das De, J.)