24.07.2026 SL No.2 Court No.11 (gc) (Allowed) CALCUTTA HIGH COURT IN THE CIRCUIT BENCH AT JALPAIGURI CRM (A) 521 of 2026 In Re:- An application for anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 filed in connection with Kuchlibari Police Station Case No.15 of 2026 dated 22.02.2026 under Sections 126(2), 115(2), 109(1) and 3(5) of the BNS, 2023. And In the matter of : Md. Mosthafa & Anr. - Petitioners. Mr. Debasish Mukhopadhyay, Ms. Srishti Sarkar, Ms. Bipasha Mrug ….For the Petitioners. Mr. Avrojyoti Das, Ld. APP, Mr. Debanjan Das, Mr. Arko Sarkar … For the State. 1. Liberty is granted to correct the cause title and the prayer here and now. 2. The petitioners pray for pre-arrest bail in connection with Kuchlibari Police Station Case No.15 of 2026 dated February 22, 2026 under Sections 126(2), 115(2), 109(1) and 3(5) of the BNS, 2023 on the ground that one of the sections is bailable and the injury report does not indicate commission of grievous hurt. It also appears that there is a case and counter-case. 3. Learned Advocate for the State submits that the learned Sessions Judge, Cooch Behar had rejected the prayer for pre- arrest bail by referring to an injury report at page 23 of the case 2 diary. He submits candidly that the case diary does not contain page 23. The I.O. is present in Court and has been questioned by the Court. The I.O. submits that apart from the injury report collected from the Medical Officer, Mekhliganj, S.D. Hospital, Cooch Behar which is at page 29 of the case diary, no other injury report was ever obtained and there is no other injury report in the records. 4. Under such circumstances, this Court is of the view that the reference to page 23 may be a mistake. However that apart, considering the nature of allegation and the injury report collected from the Mekhliganj, SD Hospital of Md. Mahasin (the son of the de facto complainant) who was allegedly injured by the accused, this Court is inclined to grant pre-arrest bail as custodial interrogation of the petitioners will not be necessary. 5. Accordingly, this Court directs that, in the event of arrest, the petitioners 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 Arresting Officer and subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure, 1973, corresponding to Section 482(2) of the B.N.S.S. 2023. The petitioners shall appear before the jurisdictional court on the dates fixed by the learned Court. The petitioners shall not leave the jurisdiction of Kuchlibari, except for the purpose of attending Court. The petitioners shall not intimidate witnesses or tamper with evidence in any manner whatsoever. 3 6. In default, the jurisdictional court shall be at liberty to cancel the bail without further reference to this court. 7. The application for anticipatory bail is, thus, disposed of. 8. All parties shall act on the server copies of this order duly downloaded from the official website of this Court. (Shampa Sarkar, J.)