Bibi Aktara and Ors. Vs State of West Bengal — Anticipatory Bail | Calcutta HC (2026)

Bibi Aktara and Ors. Vs State of West Bengal — Anticipatory Bail | Calcutta HC (2026)

What the court decided

AI extract

Outcome

Anticipatory bail granted to all petitioners subject to conditions (bond of Rs.10,000/- each with two sureties of like amount each, one local, to the satisfaction of the Arresting Officer; Section 438(2) CrPC / Section 482(2) BNSS conditions; co-operation with investigation); petitioner nos. 3, 4, 7 and 8 to meet the Investigating Officer once a fortnight till final report and to stay outside Pukhuria Police Station jurisdiction for four months, save for court attendance, IO meetings and voting in the ensuing assembly election.

Issue for consideration

Whether the petitioners should be granted anticipatory bail under Section 482 of the BNSS in connection with Pukhuria Police Station Case No. 65 dated 14.02.2026 (offences under Sections 329(4)/115(2)/117(2)/76/109/324(4)/3(5) of BNS 2023). +1 more

Court's answer

On consideration of the submissions and the other materials available in the case diary, the court was inclined to grant anticipatory bail to the petitioners, while restricting the movements of petitioner nos. 3, 4, 7 and 8 for a limited period.

Ratio / Principle

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, subject to the conditions under Section 438(2) CrPC / Section 482(2) BNSS and to co-operation with the investigation.

Key takeaways

Petitioner nos. 3, 4, 7 and 8 shall meet the Investigating Officer once a fortnight till submission of report in final form.ratio¶8
Petitioner nos. 3, 4, 7 and 8 shall stay outside the jurisdiction of Pukhuria Police Station for four months from the date of the order, except for attending the jurisdictional Court, meeting the Investigating Officer, or casting their votes in the ensuing assembly election.ratio¶8

Detailed headnote1 paragraphs

Anticipatory bail under Section 482 BNSS granted to the petitioners (Bibi Aktara & others) in connection with Pukhuria Police Station Case No. 65 dated 14.02.2026 under Sections 329(4)/115(2)/117(2)/76/109/324(4)/3(5) of BNS 2023, arising from an alleged assault on the de facto complainant over a previous land dispute. The FIR had been lodged through a court complaint sixteen days after the incident, and the injury report showed no grievous injury. On disposal, the court directed that in the event of arrest the petitioners be released on a bond of Rs.10,000/- each with two sureties of like amount each (one local) to the satisfaction of the Arresting Officer, subject to Section 438(2) CrPC / Section 482(2) BNSS conditions and co-operation with investigation. Petitioner nos. 3, 4, 7 and 8 were additionally required to meet the Investigating Officer once a fortnight till submission of the final report and to remain outside Pukhuria Police Station jurisdiction for four months, except for attending the jurisdictional Court, meeting the Investigating Officer, or voting in the ensuing assembly election.

16.04.2026 Court No.28 Item No.32 ssi

CRM (A) 1125 of 2026 In Re: - An application for anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita in connection with Pukhuria Police Station Case No. 65 dated 14.02.2026 under Sections 329 (4)/115(2)/117(2)/ 76/109/324 (4)/3(5) of BNS 2023. And In the matter of: Bibi Aktara & others. …. Petitioners Ms. Anamitra Banerjee Mr. Musharraf Alam Sk Mr. Sk. Sarfaraj Nawaj …for the petitioners Mr. Avinaba Patra …for the de facto Mr. Shiladitya Banerjee Mr. Sarthak Mondal ..for the State

Learned counsel appearing on behalf of the petitioners submits as follows. It is alleged that due to previous land dispute, the petitioners entered into the house of the alleged victim and assaulted her. The FIR was registered through a court complaint. The same was lodged sixteen days after the incident. No grievous injury was caused. Learned counsel appearing on behalf of the de facto complainant strongly opposes the prayer for anticipatory bail.

Learned counsel appearing on behalf of the State strongly opposes the prayer for anticipatory bail. He relies on the injury report, which, however, does not show infliction of any grievous injury. He relies on the statement of the victim and the other witnesses.

Considering the above and the other materials available in the case diary, although I am inclined to grant anticipatory bail to the

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petitioners , the movements of the petitioner nos. 3, 4, 7 and 8 need to remain restricted for a limited period.

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 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 further conditions that the petitioners shall co-operate with the investigation and the petitioner nos. 3, 4, 7 and 8 shall meet the Investigating Officer once a fortnight till submission of report in final form. The petitioner nos. 3, 4, 7 and 8 shall stay outside the jurisdiction of Pukhuria Police Station for a period of four months from this date, except for attending the jurisdictional Court or meeting the Investigating Officer or casting their votes in the ensuing assembly election.

The application for anticipatory bail is, thus, disposed of.

Urgent photostat certified copy of this order be supplied to the parties, if applied for, as early as possible.

(Jay Sengupta, J.)