Milan Majhi and Anr. Vs State of West Bengal — Anticipatory Bail | Calcutta HC (2025)

Milan Majhi and Anr. Vs State of West Bengal — Anticipatory Bail | Calcutta HC (2025)

What the court decided

AI extract

Outcome

Anticipatory bail granted to both petitioners: in the event of arrest, release on bail on furnishing a bond of Rs.10,000/- each with two sureties of like amount each, to the satisfaction of the arresting officer, subject to conditions under Section 438(2) CrPC, 1973 / Section 482(2) BNSS and appearance on every date before the jurisdictional court.

Issue for consideration

Whether the petitioners (Milan Majhi & Anr.) are entitled to anticipatory bail in connection with Kolaghat Police Station Case No. 377 of 2024 under Sections 341/325/323/307/354/379/506/34 IPC.

Court's answer

Anticipatory bail is granted to the petitioners, considering that police filed the charge sheet, the nature of the incident, and the petitioners' involvement as transpiring from the materials in the Case Diary.

Ratio / Principle

In the event of arrest, the petitioners are to be released on bail upon furnishing a bond.

Key takeaways

The bond is fixed at Rs.10,000/- (Rupees Ten Thousand) each, with two sureties of like amount each, to the satisfaction of the arresting officer, and the petitioners are subject to the conditions under Section 438(2) CrPC, 1973 corresponding to Section 482(2) BNSS.ratio¶11
The petitioners must appear on every date before the jurisdictional court from the date fixed for appearance of the accused; in default, the jurisdictional court may pass appropriate orders to secure their presence, including cancelling the anticipatory bail, without further reference to this Court.ratio¶11

Detailed headnote1 paragraphs

Anticipatory bail — granted under Section 482 BNSS, 2023 / Section 438 CrPC in connection with Kolaghat Police Station Case No. 377 of 2024 dated 03.05.2024 under Sections 341/325/323/307/354/379/506/34 IPC, pending before the Learned Chief Judicial Magistrate, Purba Medinipur at Tamluk. There were counter police complaints of assault amounting to a free fight in which both groups sustained injuries; the injured suffered grievous hurt (deep cuts to the scalp and abrasion on the right thigh). Police had filed the charge sheet. Considering the charge sheet, the nature of the incident and the petitioners' involvement as per the Case Diary, anticipatory bail was granted: release on bond of Rs.10,000/- (Rupees Ten Thousand) each with two sureties of like amount each to the satisfaction of the arresting officer, subject to Section 438(2) CrPC, 1973 / Section 482(2) BNSS conditions, and on condition of 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. Bench: Debangsu Basak, J. and Smita Das De, J. Decided 19.03.2025.

19.03.2025 Item No.7 Ct. No. 26 CHC Allowed

C.R.M.(A) 940 of 2025

In Re:- An application for anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023/ under Section 438 of Code of Criminal Procedure, in connection with Kolaghat Police Station Case No. 377 of 2024 dated 03.05.2024 under Sections 341/325/323/307/354/379/506/34 of the Indian Penal Code, pending before the Court of the Learned Chief Judicial Magistrate, Purba Medinipur at Tamluk. And

In the matter of: Milan Majhi & Anr. ...… petitioners Mr. Malay Bhattacharyya, Advocate .…for the petitioners Ms. Minoti Gomes, Advocate Ms. Debadrita Mondal, Advocate .…for the State

There are counter police complaint in respect of an incident of assault. Apparently, there was a free fight where both groups sustained injuries.

In the present police case police filed charge sheet.

Injured suffered a grievous hurt of deep cut at the back of the scalp and two deep cut in front of the scalp as well as the abrasion on the right thigh.

Considering the fact that police filed charge sheet, the nature of the incident and the involvement of the petitioners as transpiring from the materials in the Case Diary, we grant anticipatory bail to the petitioners.

Accordingly, we direct that in the event of arrest the petitioners will be released on bail upon furnishing a bond

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of Rs.10,000/- (Rupees Ten Thousand) 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 petitioners shall appear on every date before the jurisdictional court on and from the date fixed for appearance of the accused and in default the jurisdictional court will pass appropriate order to secure the presence of the petitioners 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.)