Bidhan Biswas v. State Of West Bengal

20.03.2026 Ct.No.237 Suman

IN THE HIGH COURT AT CALCUTTA

Criminal Miscellaneous Jurisdiction Appellate Side CRM (M) 620 of 2026 In Re:- An application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Bagdah Police Station Case No.1101 of 2024 dated 21.11.2024 U/s. 14 Foreigners Act, 1946, subsequently Charge Sheet 930 of 2024 dated 30.11.2024 U/s 14A(b) Foreigners Act being Sessions Case No.84 of 2025 pending before the learned Additional District & Sessions Judge, Fast Track, 1st Court at Bongaon, North 24 Parganas.

And In the matter of : Bidhan Biswas .... Petitioner Mr. Tarunjyoti Tewari Mr. Bikramjit Dutta Ms. Kausiki Bose ..for the petitioner.

Mr. P. K. Datta, APP Mr. Binay Panda ..for the State The petitioner has remained in custody for a period of 484 days, and the charge has yet to be framed. It is evident from the charge sheet that the State acknowledges that the petitioner is a Hindu. The petitioner was arrested on November 21, 2024.

Mr. P. K. Datta, learned Additional Public Prosecutor appearing on behalf of the State, vehemently opposes the prayer for bail.

Prima facie, it appears to this Court that the petitioner is entitled to the benefit of Clause 3(c) of the Circular dated September 1, 2025, issued by the Ministry of Home Affairs. In view of the foregoing, this Court is of the opinion that the continued detention of the petitioner in custody is unwarranted.

Accordingly, the petitioner, namely Bidhan Biswas, shall be released on bail upon furnishing a bond of Rs. 10,000/- (Rupees Ten Thousand only), along with two sureties of the like amount each, one of whom must be a local resident, to the satisfaction of the learned Additional District & Sessions Judge, Fast Track, 1st Court at Bongaon, North 24 Parganas.

This order is subject to the condition that the petitioner shall appear before the Trial Court on each date of hearing until further orders and shall not, in any manner whatsoever, intimidate witnesses or tamper with evidence. In the event that the petitioner fails to appear before the Trial Court without justifiable cause, the Trial Court shall be at liberty to cancel the bail in accordance with law, without making any further reference to this Court.

Accordingly, the prayer for bail is allowed.

Accordingly, CRM (M) 620 of 2026 is, thus, disposed of.

Let an urgent photostat certified copy of this order, if applied for, be supplied to the learned advocates for the parties on the usual undertakings.

(Kausik Chanda, J.)