Taj Mahammad Sk and Anr. Vs State of West Bengal — Bail and Remand | Calcutta HC (2026)

Taj Mahammad Sk and Anr. Vs State of West Bengal — Bail and Remand | Calcutta HC (2026)

What the court decided

AI extract

Outcome

Prayer for bail of both petitioners (Taj Mahammad and Jahangir Alam) allowed; each to furnish bond of Rs. 20,000/- with two sureties of Rs. 10,000/- each (one local), to the satisfaction of Learned ACJM, Lalbagh, Murshidabad, subject to attendance before the Trial Court on every fixed date, restriction on leaving the District of Murshidabad without prior permission, and weekly meetings with the Investigating Officer till charges are framed.

Issue for consideration

Whether the petitioners, in custody for about 105 days in Islampur Police Station Case No. 617 of 2025 under section 303(2) of the BNS, 2023 for alleged recovery of pipes, are entitled to be released on bail under Section 483 BNSS 2023 / Section 439 CrPC 1973.

Ratio / Principle

Taking into account the facts of the case and the period of detention of the petitioners (about 105 days), the court held that further detention was unwarranted and accordingly allowed the prayer for bail.

Key takeaways

Bail was granted subject to conditions: each petitioner to furnish a 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 ACJM, Lalbagh, Murshidabad; physical presence on every date fixed by the learned Trial Court; no departure from the jurisdiction of the District of Murshidabad without prior permission of the learned Trial Court; and a weekly meeting with the Investigating Officer until charges are framed.ratio¶18

Detailed headnote1 paragraphs

Bail under Section 483 BNSS 2023 / Section 439 CrPC 1973 granted to Taj Mahammad Sk. and Jahangir Alam, in custody about 105 days in Islampur Police Station Case No. 617 of 2025 (dated 18.10.2025) under section 303(2) BNS 2023, involving alleged theft/recovery of pipes from an under-construction water tank; the court held further detention unwarranted. Each petitioner to furnish bond of Rs. 20,000/- with two sureties of Rs. 10,000/- each (one local) to the satisfaction of Learned ACJM, Lalbagh, Murshidabad, with conditions of attendance on every Trial Court date, no exit from District of Murshidabad without permission, and weekly meetings with the Investigating Officer till charges are framed. (Tirthankar Ghosh, J., 05.02.2026)

05.02.2026 Court No.35. D/L. 25. Kausik (Allowed)

CRM (M) 144 of 2026

In Re: An Application for Bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023/ Section 439 of the Code of Criminal Procedure, 1973 in connection with Islampur Police Station Case No. 617 of 2025 dated 18^th of October, 2025 under section 303(2) of the BNS, 2023.

And

In the matter of : Taj Mahammad Sk. & Anr.

……Petitioners.

Mr. Arnab Chatterjee Mr. Avik Ghosh Ms. Deblina Roy

……for the Petitioner.

Mr. Bitasok Banerjee Ms. Debadrita Mondal

……for the State.

Learned advocate appearing for the petitioner submits

that the petitioner is in custody for 3 months and 15 days and has been implicated in the instant case for alleged recovery of pipes.

Learned advocate for the State opposes the prayer for bail and submits that the petitioner was involved in the commission of theft and accumulation of the said materials. The emphasis of the learned advocate for the State is that in respect of under-construction water tank the pipes were there. Theft was being committed in respect of the said pipes.

2

I have taken into account the facts of the present case and the period of detention of the present petitioners which is about 105 days.

Having regard to the same, further detention is unwarranted.

Accordingly, the prayer for bail of the petitioners is allowed.

Petitioners, namely, (1) Taj Mahammad , & (2) Jahangir Alam shall furnish bond of Rs. 20,000/- (Rupees Twenty Thousand Only) with two sureties of Rs. 10,000/- (Rupees Ten Thousand Only) each. One of whom must be local to the satisfaction of Learned ACJM, Lalbagh, Murshidabad.

If on bail petitioner shall be physically present on each and every date fixed by the learned Trial Court and shall not leave the jurisdiction of District of Murshidabad without the prior permission of the learned Trial Court. Additionally, the petitioner shall meet with the Investigating Officer of the case once in a week till charges are framed by the learned Trial Court. With the aforesaid observations CRM(M) 144 of 2026 is allowed .

All parties shall act in terms of server copy of the order downloaded from the official website of this Court.

3

Urgent photostat certified copy of this order, if applied for, be supplied to the parties upon compliance with all requisite formalities.

(Tirthankar Ghosh, J.)