Prasenjit Pal and Anr. Vs State of West Bengal — Anticipatory Bail | Calcutta HC (2026)

Prasenjit Pal and Anr. Vs State of West Bengal — Anticipatory Bail | Calcutta HC (2026)

What the court decided

AI extract

Outcome

Anticipatory bail granted to both petitioners under Section 482 BNSS 2023: in the event of arrest, release upon a bond of Rs.10,000/- each with two sureties of like amount each (one of whom must be local), to the satisfaction of the Arresting Officer, subject to Section 438(2) CrPC / Section 482(2) BNSS conditions, cooperation with investigation, meeting the I.O. once a week till submission of the report in final form, and no threatening or intimidation of witnesses.

Issue for consideration

Whether anticipatory bail should be granted to Prasenjit Pal and another under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Khatra P.S. Case No. 13 of 2026 (Sections 126(2)/115(2)/118(2)/109/3(5), BNS 2023).

Court's answer

Considering the submissions, other materials available in the case diary, and the existence of case and counter case, custodial interrogation of the petitioners is not required and anticipatory bail is warranted.

Ratio / Principle

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 amount each, one of whom must be local, to the satisfaction of the Arresting Officer, subject to the conditions under Section 438(2) of the Code of Criminal Procedure, 1973 corresponding to Section 482(2) of the BNSS, 2023, and on further conditions that the petitioners cooperate with investigation, meet the I.O. once a week till submission of the report in final form, and not threaten or intimidate witnesses.

Key takeaways

The application for anticipatory bail is allowed.ratio¶12

Detailed headnote1 paragraphs

Anticipatory bail — Section 482, Bharatiya Nagarik Suraksha Sanhita, 2023 (CRM (A) 803 of 2026, decided 09.04.2026): Granted to Prasenjit Pal & Anr., distant relatives and neighbours of the de facto complainant, in connection with Khatra P.S. Case No. 13 of 2026 dated 03.02.2026 under Sections 126(2)/115(2)/118(2)/109/3(5) of the BNS, 2023. Following an altercation between private parties in front of the Court on the day fixed for hearing, with injuries received on both sides and case and counter case pending, and considering the case diary materials, the Court found custodial interrogation unnecessary. Release on arrest ordered upon a bond of Rs.10,000/- each with two sureties of like amount each (one local) to the satisfaction of the Arresting Officer, subject to Section 438(2) CrPC 1973 / Section 482(2) BNSS 2023 conditions, cooperation with investigation, weekly reporting to the I.O. till submission of the report in final form, and abstention from threatening or intimidating witnesses. No grievous injury per the injury report relied on by State counsel.

09.04.2026 Court No.28 Item No.79 tbsr Allowed

CRM (A) 803 of 2026 In Re: - An application for anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Khatra P.S. Case No. 13 of 2026 dated 03.02.2026 under Sections 126(2)/115(2)/118(2)/109/3(5) of the BNS, 2023.

And

In the matter of: Prasenjit Pal & Anr.

….Petitioners. Mr. Arkaprabho Roy ….for the petitioners Mr. Bidyut Kumar Roy Ms. Jonaki Saha

….for the State

Learned counsel appearing on behalf of the petitioners submits as follows. The petitioners are distant relatives and neighbours of the de facto complainant. There is a dispute going on between the adverse parties. On the particular day, when a case was fixed for hearing, there was an altercation between the private parties in front of the Court. Injuries were received on both sides. In fact, the petitioners suffered head and leg injuries. There are case and counter case.

Learned counsel appearing on behalf of the State opposes the prayer for anticipatory bail. She relies on the statements of witnesses and the injury report which, however, does not show infliction of any grievous injury.

Considering the above, the other materials available in the case diary and that fact that there are case and counter case, 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.

2

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 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. once a week till submission of report in final form and shall not threaten or intimidate witnesses.

The application for anticipatory bail is, thus, allowed.

Urgent photostat certified copy of this order may be supplied to the parties expeditiously, if applied for.