Extracted from the PDF above. The PDF is authoritative.
19.08.2026 Court No.35. D/L. 595. Kausik (Allowed)
CRM (A) 2598 of 2026
In Re: An Application for Anticipatory Bail under Section 438 of the Code of Criminal Procedure, 1973/Under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Mothabari Police Station Case No. 544 of 2026 dated 16.07.2026 under Section 115(2)/117(2)/118(2)/351(2)/109/3(5) of BNS,
2023. And In the matter of : Abu Tahir & Ors. ……Petitioners. Mr. Biswajit Tiwari
Mr. Md. Sontu Mia
Ms. Alisha Parvin
Ms. Masuma Khatun
Mr. Aziz Al Aman
……for the Petitioners. Mr. Parmanand Sharma, APP
Mr. Rohan Bavishi
….for the State. Learned advocate appearing for the petitioners submits petitioners are innocent and over previous grudge they have been falsely implicated in connection with the instant case. State, on the other hand, opposes the prayer for anticipatory bail of all the petitioners and submits that 2 X 2 centimeter deep cut injury sustained by Ahab Ali. I have taken into account the statement of the injured Ahab Ali and I find that the overt acts were restricted to Mukul
2 Sk and Iliyas Sk. Iliyas Sk. is petitioner no. 4 in the present application. Considering the same, the prayer for anticipatory bail of the petitioner no. 4 namely, Iliyas Sk. is rejected. So far as the other accused persons are concerned, they were physically present. However, having considered their restricted role, their prayer for anticipatory bail is allowed. As such, I direct that in the event of arrest, the petitioners namely, (1) Abu Tahir, (2) Saddam Hossain @ Saddam Sk., (3) Anjamul Hoque, (4) Rahim Sekh, (5) Firoj Sk. @ Firu Sk., (6) Raijul Sekh, (7) Borak Sekh be released on bail subject to the satisfaction of the investigating officer/arresting officer of the case and also subject to the conditions as laid down under Section 438(2) of the Cr.P.C. and/or under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023. As the investigation of the case is in progress, petitioner shall within a period of 10 days meet with the investigating officer of the case and thereafter on all subsequent dates fixed by the investigating officer for the sake of investigation. Additionally, the petitioners, till submission of the charge sheet will report to the Police Station once a week and obtain an acknowledgment. With the aforesaid observations CRM (A) 2598 of 2026 is allowed. 3 Memo of Evidence submitted be kept with the record.
All parties shall act in terms of server copy of the order downloaded from the official website of this Court. Urgent photostat certified copy of this order, if applied for, be supplied to the parties upon compliance with all requisite formalities. (Tirthankar Ghosh, J.)