Calcutta High Court
CRM(M)/255/2026 of BISWAJIT BARMAN Vs THE STATE OF WEST BENGAL on 21 August 2026
Court No.09. (S.Mandi) IN THE HIGH COURT AT CALCUTTA CIRCUIT BENCH
12 21.08.2026
Court
No.09. (S.Mandi)
IN THE HIGH COURT AT CALCUTTA
CIRCUIT BENCH AT JALPAIGURI
APPELLATE SIDE
CRM(M)/255/2026
In Re: - An application for bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Mathabanga Police Station Case No.530 of 2025 dated 04.07.2025 under Sections 309(3)/126(2)/117(2)/109/103/3(5) of the Bharatiya Nyaya Sanhita, 2023.
- And -
In the matter of: - BISWAJIT BARMAN
..…petitioner.
Mr. Sandip Guha Roy, Adv.
…for the petitioner.
Mr. Avrojyoti Das, Ld. APP
Mr. Bapi Sarkar, Adv.
Mr. Nigam Mittal, Adv.
….for the State
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1. Learned Counsel for the petitioner has submitted that the present petitioner is standing on the same footing with the accused namely Anath Chandra Barman and Alok Chand Barman @ Alok Chandra Barman who were granted bail by the Co-ordinate Bench although they are also the principal accused. The learned Counsel has drawn the attention of this Court to the statement of the son of the deceased recorded under Section 164 of CrPC/183 BNSS showing that all 3 are the principal accused. Although, the prayer for bail of the present accused was rejected earlier, other 2 principal accused were granted bail. The investigation is complete. There is no need for further detention of the present petitioner.
2. Learned Counsel for the State opposes the prayer for bail vehemently. According to him, there are sufficient incriminating materials against the present petitioner. Moreover, the trial of the case is about to begin and as such, he opposes the prayer for bail.
3. I have gone through the materials on record. It appears that there are 3 principal accused namely Anath Chandra Barman and Alok Chand Barman @ Alok Chandra Barman and the present petitioner as per the prosecution case. It also appears that by an order dated 09.09.2025 Anath Chandra Barman and by another order dated 12.09.2025 Alok Chand Barman @ Alok Chandra Barman were granted bail. The present petitioner is standing on the same footing with those accused. The investigation is complete. There was no prayer for cancellation of bail of Anath Chandra Barman and Alok Chand Barman @ Alok Chandra Barman from the side of the prosecution. In view of the above, I am inclined to allow the prayer for bail of the petitioner.
4. Accordingly, the prayer of the petitioner for bail is allowed on the following conditions:-
a) The petitioner, namely, Biswajit Barman, shall be released on bail upon furnishing bond of Rs.10,000/- (Rupees Ten Thousand), with two sureties of Rs.5,000/- (Rupees Five Thousand) each, one of whom must be local, to the satisfaction of Learned Additional Chief Judicial Magistrate, Mathabanga.
b) The petitioner shall appear before the learned Trial Court on each and every date of hearing and/or as and when to be directed by the Court.
c) The petitioner shall not intimidate or threaten the witnesses and/or tamper with evidence in any manner whatsoever and shall not commit any cognizable offence in any manner whatsoever.
d) The petitioner shall remain within the geographical limits of the District Coochbehar, but shall not enter the Coochbehar Police Station jurisdiction except for the purpose of attending Court proceedings. The petitioner shall inform his current local address where he will be residing while on bail to the jurisdictional police station and the learned Trial Court and shall meet the I/C of jurisdictional police station where he will be residing now once in a week, until further orders.
5. In the event, the petitioner fails to adhere to any of the conditions stipulated above, the Trial Court shall be at liberty to cancel the bail in accordance with law.
6. The application for bail is, thus, allowed.
7. All parties shall act on the server copies of this order duly downloaded from the official website of this Court.
(Apurba Sinha Ray, J.)