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2026 DAILYLAW 30627 (CAL)

HAMIDUL MIYA AND ORS v. THE STATE OF WEST BENGAL

CRM(A)/557/2026 · 2026-07-28

Shampa Sarkar

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

28.07.2026 Ct. No. 11 SL No.27 Cp CALCUTTA HIGH COURT IN THE CIRCUIT BENCH AT JALPAIGURI CRM (A) No. 557 of 2026 In Re: - An application for anticipatory bail under section 438 of the Code of Criminal Procedure, 1973/Section 482 of the B.N.S.S. 2023, in connection with Mathabhanga Police Station Case No.376 of 2026, dated 29.05.2026 under Sections 117(2)/ 126(2)/ 118(2)/ 109/303(2)/351(2)/ 3(5) of the BNS, 2023. And In the matter of: Hamidul Miya & Ors. ….Petitioners. Mr. Hillol Saha Podder Ms. M. Das …for the Petitioners. Mr. Janardan Periwal Mr. Urgen Lama Mr. Roumyadip Saha … for the State. The petitioners pray for pre-arrest bail on the ground that they have been falsely implicated in the alleged offence. Learned advocate for the State opposes such prayer. Perused the statement of the witnesses and the injury report. This Court is inclined to allow the prayer for pre-arrest bail. 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. Apart from petitioner no. 5, the other petitioners shall meet the investigating officer once a week. All the petitioners will 2 cooperate with the investigation and shall not intimidate witnesses or tamper with evidence in any manner whatsoever. The petitioners shall not leave the jurisdiction of the Mathabhanga Police Station. In case the petitioners fail to adhere to any of the conditions stated above, the learned jurisdictional court shall be entitled to cancel the bail without further reference to this court. The application for anticipatory bail is, thus, disposed of. All parties shall act on the server copies of this order duly downloaded from the official website of this Court. (Shampa Sarkar, J.)