Calcutta High Court
CRM(A)/687/2026 of BISWAJIT MALLICK @ BISHU MALLICK Vs STATE OF WEST BENGAL on 29 September 2026
Item No.23 AP HIGH COURT AT CALCUTTA CIRCUIT BENCH AT JALPAIGURI CRM ( A ) 687 of 2026
29.09.2026
Court No.07
Item No.23
AP
HIGH COURT AT CALCUTTA
CIRCUIT BENCH AT JALPAIGURI
CRM (A) 687 of 2026
In Re: - An application for anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Bhaktinagar P.S. Case No.963 of 2025 dated 30.09.2025 under Sections 126(2)/118(1)/118(2)/109(1)/76/351(2)
of
the
Bharatiya Nyaya Sanhita.
And
In the matter of: Biswajit Mallick @ Bishu Mallick
…. Petitioner.
Mr. Bapi Sarkar
Mr. Chayan Moni Bhowal
…for the petitioner.
Mr. Avrojyoti Das, APP
Mr. Gobinda Saha
Mr. Abhilash Mittal
…for the State.
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1. This is a second application for anticipatory bail. The earlier one having been rejected by a coordinate Bench vide order dated 22nd December, 2025.
2. The present application is made on the grounds that charge sheet has been submitted. It is also submitted that the original allegation in the FIR under Section 76 of the BNS has been scaled down to Section 74 of the BNS and no serious injury has been detected on the victim. It is further submitted that the knife has not been recovered.
3. It is now well-settled that recovery of weapon used in commission of an office is not a pre-condition for conviction.
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4. Be that as it may, given the sections i.e. 126(2)/118(1)/ 109(1)/351(2)/74 of the BNS, under which charge sheet has been submitted against the petitioner, this Court is not inclined to grant anticipatory bail to the petitioner.
5. Accordingly, the application for anticipatory bail is hereby rejected.
(Rajasekhar Mantha, J.)