Calcutta High CourtCRM(A)/186/2026disposed

Mintu Miah@Haque v. The State Of West Bengal

2026-03-23Hon'Ble Justice Jay Sengupta2 pages

AD 35 IN THE HIGH COURT AT CALCUTTA March 23, 2026 Circuit Bench at Jalpaiguri Ct. 6 Criminal Miscellaneous Jurisdiction SG CRM(A) 186 of 2026 Allowed An application for anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Dinhata P.S. Case No.521 of 2021 dated 07.10.2021 under Sections 341/326/307/34 of the IPC.

And In the matter of: Mintu Miah @ Hoque ... petitioner Mr. D. Kudu Ms. R. Ghosh ... for the petitioner Mr. Kallol Acharjee Mr. Aniruddha Biswas ... for the State Learned counsel for the petitioner submits that the petitioner has been falsely implicated in this case. Some other accused were granted anticipatory bail by a Division Bench of this Court on 04.01.2022 in CRM(A) 1091 of 2021. The petitioner could not approach earlier. Charge-sheet has been submitted.

Learned counsel for the State opposes the prayer for anticipatory bail, relies on the statement of the victim and the injury report and submits that although the victim could not identify any of the accused, some other witnesses have implicated the present petitioner and the others who were earlier granted anticipatory bail.

Considering the above, the other materials available in the case diary and the fact that some other substantially similarly circumstantial accused were granted anticipatory bail by the Court, although I am inclined to grant anticipatory bail to the petitioner, his movement shall remain restricted for a limited period.

In the event of arrest, the petitioner shall be released on bail upon furnishing a bond of Rs.10,000/- (rupees ten thousand) with two sureties of like amount each, one of whom must be local, to the satisfaction of the Arresting Officer and also be 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 BNSS, 2023 and on the further conditions that the petitioner shall surrender before the jurisdictional court within four weeks from this date and pray for bail, shall attend the jurisdictional court regularly, shall stay beyond the jurisdiction of Dinhata Police Station for a period of four weeks except attending the jurisdictional court and meeting the investigating officer and shall not threaten or intimidate witnesses.

The application for anticipatory bail is, thus, allowed. Urgent photostat certified copy of this order, if applied for, be supplied to the parties upon compliance of requisite formalities.

(Jay Sengupta, J.)