Calcutta High Court
CRM(A)/699/2026 of MD. MOSIBUL AND ORS Vs THE STATE OF WEST BENGAL on 29 September 2026
Court No.7 (pk) (Allowed) Calcutta High Court In the
29.09.2026
Item No.33
Court No.7
(pk)
(Allowed)
Calcutta High Court
In the Circuit Bench at Jalpaiguri
CRM (A) 699 of 2026
In Re: - An application for anticipatory bail under section Section 482 of the B.N.S.S. 2023, in connection with Phansidewa Police Station Case No.0284 of 2026 dated 04.06.2026 under Sections 126(2)/3(5), 303(2), 318(4), 324(4), 329(3), 336(2), 336(3), 351(2)/61(2) of the Bharatiya Nyaya Sanhita, 2023.
And
In the matter of: Md. Mosibul and others
….Petitioners.
Mr. Ujjal Ray,
Mr. Sk.Abdur Rahim,
Ms. Taniya Bhowmik
…for the Petitioners.
Mr. Avrojyoti Das, Ld. APP.,
Mr. Bijay Bikramk Das,
Mr. Abhilash Mittal
… for the State.
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1. The application for anticipatory bail is canvassed on the ground that the persons claiming to be the representatives of the de facto complainant have sold the tea garden to the applicants/petitioners. The applicants have since there after alleged to have prevented the owners/de facto complainant from entering the tea garden and are cutting of trees and also are plucking the tea leaves and sold them without the consent of the owners.
2. It is also argued that a civil suit has been filed against the applicants where no injunction was passed by the civil court.
3. Be that as it may, the applicants cannot be permitted to steal the property of the tea garden or prevent the owners from entering therein. Civil disputes between the parties shall be dealt with before a appropriate forum.
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4. Having regard to the facts and circumstances of the case, this Court is of the view that the applicants are entitled to anticipatory bail.
5. Accordingly, I direct that in the event of arrest the petitioners/applicants shall be released on bail upon furnishing a bond of Rs.10,000/- each with two sureties of like amount each, one of whom must be local to the satisfaction of the ACJM, Siliguri and subject to the conditions that they shall attend the I.O. as and when summoned and shall not leave the jurisdiction of the Phansidewa Police Station without the prior leave of the I.O. The further condition is that the petitioners shall cooperate with the investigating agency and shall not enter the tea garden under any circumstances until filing of the charge sheet and thereafter.
6. The application for anticipatory bail, being CRM (A) 699 of 2026 is allowed and disposed of.
7. All parties shall act on the server copies of this order duly downloaded from the official website of this Court.
(Rajasekhar Mantha, J.)