Calcutta High Court
CRM(M)/2434/2026 of AKASH PATRA AND ANOTHER Vs STATE OF WEST BENGAL on 21 September 2026
Court No.35. D/L. 1122. Kausik (Allowed) CRM (M) 2434 of 2026 In Re: An Application for Bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023/ Section 439 of the Code of Criminal Procedure, 1973 in connection with Serampore Police Station Case No. 504 of 2026 dated 02.09.2026
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21.09.2026 Court No.35. D/L. 1122. Kausik (Allowed)
CRM (M) 2434 of 2026
In Re: An Application for Bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023/ Section 439 of the Code of Criminal Procedure, 1973 in connection with Serampore Police Station Case No. 504 of 2026 dated 02.09.2026 under Sections 109/115(2)/118(1)/118(2)/126(2)/127(2)/132/190/191(2)/191( 3)/221/324(4)/351(2)/351)3) of the BNS, 2023.
And In the matter of : Akash Patra & Anr.
……Petitioners.
Mr. Sirsanya Bandopadhyay
Mr. Rahul Kumar Singh
Mr. Md. Danish Farooqui
……for the Petitioner.
Mr. Kallol Kr. Basu
Mr. Sayak Chakraborti
Mr. Aditya Tiwari
Mr. Anamitra Banerjee
Mr. Pritam Roy
….for the State.
Learned advocate appearing for the petitioners submits that petitioner no. 1 was arrested on 3rd September, 2026 and petitioner no. 2 was arrested on 6th September, 2026. Both of them have been politically victimized after there has been change in administration. The incident complained of is of the year 2020 and there was earlier closure report by the CBI in respect of the same incident of a different complainant.
Learned Public Prosecutor appearing for the State opposes the prayer for bail and submits that the complicity of the petitioner would be reflected from the statement of the informant as well as the other witnesses. The investigation is at a nascent stage and the custodial detention of the present petitioners are required for the sake of investigation.
I have taken into account the materials appearing in the case diary and I find that the incident complained of is of 6th December, 2020. The present petitioners were available at the locality and in fact, petitioner no. 2 was called at the police station and subsequently arrested. Both the petitioners were available at their residence and they were arrested.
Having considered the fact that the case is of the year 2020 and the petitioners are available, I am of the opinion further custodial detention of the present petitioners are not called for.
As such, petitioners namely (1) Akash Patra, (2) Nirmal Sil @ Nimu be enlarged on bail subject to furnishing bond of Rs. 20,000/- (Rupees Twenty Thousand Only) with two sureties of Rs. 10,000/- (Rupees Ten Thousand Only) each, one of whom must be local to the satisfaction of Learned ACJM, Serampore.
If on bail, as the investigation of the case is in progress, petitioners shall meet with the investigating officer once a week till the report in final form is submitted before the jurisdictional Court.
Accordingly, CRM (M) 2434 of 2026 is allowed.
All parties shall act in terms of server copy of the order downloaded from the official website of this Court. Urgent photostat certified copy of this order, if applied for, be supplied to the parties upon compliance with all requisite formalities.
(Tirthankar Ghosh, J.)