Calcutta High Court
/3183/2026 of MOHAN LAL KUMAR AND ORS Vs STATE OF WEST BENGAL AND ANR on 7 October 2026
no. 6 Anticipatory Bail [Allowed] Dd In the High Court at Calcutta Criminal Miscellaneous Jurisdictional Appellate Side CRM ( A )/3183/2026 In re : An Application for Anticipatory Bail under Section 438 of the Code of Criminal Procedure corresponding to Section 482 of the Bharatiya Nagarik
07.10.2026
Serial no. 6
Anticipatory Bail
[Allowed]
Dd
In the High Court at Calcutta
Criminal Miscellaneous Jurisdictional
Appellate Side
CRM (A)/3183/2026
In re : An Application for Anticipatory Bail under Section 438
of the Code of Criminal Procedure corresponding to Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Burtolla Police Station Case No. 151 of 2026 dated 01.08.2026
under
Sections
316(2)/
318(2)/318(3)/
318(4)/ 335/ 336(3)/ 336(4)/ 338/ 340(2)/ 61(2) of Bharatiya Nyaya Sanhita, 2023 pending before ACJM, Kolkata. GR.
Case No. 793 of 2026.
-And-
In the matter of : MOHAN LAL KUMAR AND ORS
… … Petitioners
Mr. Ranabir Roychoudhuri,
Ms. Sonali Sengupta,
Mr. Supratick Shyanal,
Ms. Paromita Barik, Advocates
… … For the Petitioners
Mr. Bishwajit Tiwari,
Ms. Ayana Dey, Advocates
… …For the State
Mr. Dipanjan Dutt,
Mr. Sudipta Nayan Ghosh,
Mr. A.B. Das, Advocate
… …For the respondent No.2
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1. Petitioners pray for anticipatory bail.
2. State and the private opposite party No.2 are represented.
3. Learned advocate appearing for the private opposite party submits that the petitioners forged various documents to claim thika tenancy. He draws the attention to the fact that the thika tenancy is being claimed through a legal entity which did not exist at the material point of time.
4. Perused the case diary.
2
5. Apparently, there are allegations and counter allegations with regard to a thika tenancy. Issue of thika tenancy is pending before the Thika Controller. At this stage, without an authoritative finding of a decision making authority by the thika tenancy, it would be inappropriate to arrive at a finding with regard to the allegation of forgery.
6. In such circumstances, I deem it appropriate to grant anticipatory bail to the petitioners.
7. Accordingly, I direct that in the event of arrest the petitioners 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 Bharatiya Nagarik Suraksha Sanhita, 2023 and on further condition that the petitioners shall report before the Investigating Officer once in a fortnight till the conclusion of the investigation 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.
8. Prayer for anticipatory bail of the petitioners is allowed.
9. CRM (A)/3183/2026 is disposed of. (Debangsu Basak, J.)
DEBABRATA DAS Digitally signed by DEBABRATA DAS Date: 2026.10.07 18:37:19 +05'30'