CRM (A)/2139/2026 of PRASHANTA PATRA (REPRESENTED) Vs STATE OF WEST BENGAL on 14 August 2026

1. This is an application filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Tamluk Police Station Case No. 477 of 2026 dated 28.06.2026, registered under Sections 126(2)/115(2)/117(2)/109/79 of the Bharatiya Nyaya Sanhita, 2023, by the present petitioner being the father of the accused, who was a juvenile on the date of the alleged incident.

2. The Hon’ble Special Bench of this Court, comprising three Hon’ble Judges, in Suhana Khatun & Ors. vs. The State of West Bengal (CRM 2739 of 2021), by a majority of 2:1, has held that an application for anticipatory bail preferred on behalf of a juvenile is maintainable. The aforesaid majority view, having been rendered by a Special Bench of this Court, is binding upon this Court. Accordingly, I am inclined to entertain and hear the present application.

3. While pressing this application for anticipatory bail, Mr. Mitra, learned Senior Advocate appearing for the petitioner submits that,

2 following a quarrel during Ganesh Puja in the locality of the accused person, the alleged incident occurred. He further submits that, in the facts and circumstances of the case and considering the role allegedly played by the accused person, custodial interrogation of the present petitioner is not necessary.

4. Mr. Ghosh, learned Advocate for the State produces the case diary and opposes the prayer for anticipatory bail of the petitioner on the basis of the materials available therein.

5. Heard the learned Advocates appearing for both the parties and perused the case diary as well as the other materials on record including the injury report.

6. Record reveals that the incident allegedly occurred in presence of direct evidence. Noting this fact and the mode and manner in which the incident allegedly occurred, I am of the opinion that custodial interrogation of the petitioner is not necessary and he may be granted anticipatory bail.

7. Accordingly, I direct that in the event of arrest, the accused/petitioner be released on bail upon furnishing a bond of Rs.10,000/- (Rupees Ten thousand only), with two sureties of like amount each, to the satisfaction of the learned Chief Judicial Magistrate, Tamluk, Purba Medinipur and also subject to the conditions as laid down under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023. The petitioner is directed to cooperate with the Investigating Officer during course of investigation.

8. The application for anticipatory bail is, thus, disposed of.

(Partha Sarathi Chatterjee, J.)