Calcutta High Court
CRM (A)/2336/2026 of NEMA BISWAS @ NEMUA BISWAS AND ORS. Vs STATE OF WEST BENGAL on 31 August 2026
Sl. No.7 Ct. 446/tkm C. R. M. ( A ) 2336 of 2026 In Re: An application for anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Raiganj Police Station Case No. 231 of 2026 dated 04.03.2026 under Sections
31.08.2026
Sl. No.7
Ct. 446/tkm
C. R. M. (A) 2336 of 2026
In Re: An application for anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Raiganj Police Station Case No. 231 of 2026 dated 04.03.2026 under Sections 126(2)/115(2)/117(2)/117(1)/109/118(1)(2)/3(5) of the Bharatiya Nyaya Sanhita, 2023.
And
In Re: Nema Biswas @ Nemua Biswas & Ors.
… … Petitioners
Mr. S Das Mahapatara
Ms. Madhurai Sinha
Ms. Upasana Banerjee
Mr. Bisal Roy
Mr. S Maity
… … for the petitioners
Allowed
Mr. Kallol Mondal
… … for the State
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1. Mr. Mahapatara, learned Advocate for the petitioners submits that the incident allegedly occurred following a tussle between two groups of people. There are case and counter-case between the parties. The counter-cases has been registered as Raiganj P.S. Case No. 232 of 2026. He submits that there are no allegations of any specific overt act against the petitioners. In such circumstances, according to him, the benefit under Section 482 of the BNSS may be extended in favour of the petitioners.
2. Mr. Mondal, learned Advocate for the State produces the Case Diary and Memo of Evidence and opposes the prayer for anticipatory bail. He submits that the victim suffered a stab injury on a vital part of the body, i.e., the neck. He submits that it would not be apposite to extend the benefit under Section 482 of the BNSS in favour of the petitioners. If such benefit is extended, they
2 may cause obstruction to the smooth progress of the investigation and trial.
3. Heard the learned Advocates appearing for the respective parties and perused the materials in the Case Diary, including the injury report. The injury report suggests that the victim suffered a stab injury. The main allegations are directed against petitioner nos. 2 and 3 and, hence, their prayer for bail is rejected. However, keeping in mind the extent of complicity of petitioner no. 1 in the alleged crime, I am of the view that the privilege under Section 482 of the BNSS can be extended in his favour.
4. Accordingly, I direct that, in the event of arrest, the petitioner no. 1 viz. Nema Biswas @ Nemua Biswas shall be released on bail upon furnishing a bond of Rs. 10,000/- (Rupees Ten Thousand only), with two sureties of like amount each, one of whom must be local, to the satisfaction of the learned CJM, Uttar Dinajpur and also subject to the conditions as laid down under Section 482(2) of the BNSS, 2023. Petitioner no. 1 shall meet the IO once in a week till submission of charge sheet.
5. The application being CRM (A) 2336 of 2026 is disposed of.
(Partha Sarathi Chatterjee, J.)