Mahidul Biswas @ Mohidul Biswas v. State Of West Bengal

16.06.2026

IN THE HIGH COURT AT CALCUTTA

Item No.48 CRIMINAL MISCELLANEOUS JURISDICTION Ct.No.35 dc.

Allowed C.R.M. (M) 1378 of 2026 In Re : An Application for bail under Section 439 of the Code of Criminal Procedure, 1973 corresponding to Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 filed in connection with Berhampore Police Station Case No. 1828 of 2023 dated 21.12.2023 under Sections 489B/489C/34 of the Indian Penal Code.

And In Re :

Mahidul Biswas @ Mohidul Biswas ... Petitioner.

Mr. Satadru Lahiri, Mr. Santanu Talukdar, Mr. Priyankar Ganguly, Ms. Shalini Bairagi, Ms. Pipasa Chakraborty ... For the Petitioner.

Mr. Gouranga Kumar Das, APP, Mr. Anurag Sardar ... For the State.

Learned advocate appearing for the petitioner submits that the petitioner is in custody since 21.12.2023; chargesheet has been submitted, charges have been framed and 5 witnesses have been examined. The evidence of PW-6 commenced on 24.04.2025, but as the Presiding Officer is not available, the evidence in the case could not proceed and next date is fixed for examination-in-chief/cross-examination of PW-6.

Learned advocate appearing for the State, on the other hand, opposes the prayer for bail and submits that there has been recovery of 98000 FICN of Rs.500/- denominations from the possession of the present petitioner.

State has submitted a report which do not reflect that there is any antecedent of the present petitioner. Having considered the period of detention of the present petitioner, without entering into the merits of the case, I am of the opinion that as there is least chance of progress of the criminal trial although three more witnesses are left to be examined, I am inclined to release the petitioner on bail. As such, the prayer for bail of the petitioner is allowed. Accordingly, the petitioner viz., Mahidul Biswas @ Mohidul Biswas shall be released on bail upon furnishing bond of Rs.20,000/-, with two sureties of Rs.10,000/- each, one of whom must be local, to the satisfaction of the learned Chief Judicial Magistrate, Berhampore.

If on bail, the petitioner shall be physically present on each and every date so fixed by the learned Trial Court and shall not leave the jurisdiction of the district of Murshidabad without prior permission of the learned Trial Court. The petitioner shall also meet with the Officer-inCharge/Inspector-in-Charge, Nakashipara Police Station once in a fortnight and submit all the attendances before the learned Trial Court on the date fixed. Learned Trial Court would pass specific direction in its judicial orders so far as the attendance of the petitioner before the police station is concerned.

Report submitted by the learned advocate appearing for the State be kept with the record.

The application for bail, being CRM (M) 1378 of 2026, is, thus, disposed of.

All concerned parties shall act on the server copy of this order duly 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.)