Joydeb Hazra Vs the State of West Bengal — Anticipatory Bail | Calcutta HC (2026)

Joydeb Hazra Vs the State of West Bengal — Anticipatory Bail | Calcutta HC (2026)

What the court decided

AI extract

Outcome

Anticipatory bail granted to Joydeb Hazra in connection with Bolpur Police Station case no. 198 of 2026: in the event of arrest he is to furnish bond subject to the satisfaction of the investigating officer/arresting officer and to the conditions under Section 438(2) of the Cr.P.C. and/or Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023; the petitioner is to meet the investigating officer within 10 days from date and thereafter make himself available as and when called; the report submitted by the State is to be kept with the record.

Issue for consideration

Whether anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 should be granted to the petitioner Joydeb Hazra in connection with Bolpur Police Station case no. 198 of 2026.

Court's answer

Having regard to the report that Amit Hazra and Joydeb Hazra are not one and the same person, the court was of the opinion that the petitioner's custodial detention may not be warranted in the facts of the present case.

Ratio / Principle

The prayer for anticipatory bail of the petitioner Joydeb Hazra is allowed.

Key takeaways

In the event of arrest, the petitioner shall furnish bond subject to the satisfaction of the investigating officer/arresting officer of the case.ratio¶9
The bond is further subject to the conditions laid down under Section 438(2) of the Cr.P.C. and/or under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.ratio¶9
As the investigation of the case is still in progress, the petitioner is directed to meet the investigating officer within a period of 10 days from date.

Detailed headnote1 paragraphs

Anticipatory bail under Section 482, Bharatiya Nagarik Suraksha Sanhita, 2023 — applicant Joydeb Hazra in connection with Bolpur Police Station case no. 198 of 2026 dated 25.05.2026 under Sections 126(2)/308(2)/115(2)/74/76/351(2)/3(5), Bharatiya Nyaya Sanhita, 2023 — earlier direction dated 09.07.2026 of a Coordinate Bench; report submitted reflects that Amit Hazra and Joydeb Hazra are not one and the same person — custodial detention of the petitioner held not warranted in the facts of the present case — prayer for anticipatory bail allowed — on arrest, petitioner to furnish bond subject to satisfaction of investigating/arresting officer and to conditions under Section 438(2), Cr.P.C. and/or Section 482(2), BNSS 2023 — investigation still in progress; petitioner to meet investigating officer within 10 days from date and thereafter make himself available as and when called — State's report kept with the record — order dated 28.07.2026 by Tirthankar Ghosh, J.

28.07.2026 Court No.35. D/L.648. Rakib (Allowed)

CRM (A) 1556 of 2026

In Re: An Application for Anticipatory Bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Bolpur Police Station case no. 198 of 2026 dated 25.05.2026 under Sections 126(2)/308(2)/115(2)/74/76/351(2)/3(5) of the Bharatiya Nyaya Sanhita, 2023.

And

In the matter of : Joydeb Hazra. Mr. Sabyasachi Chatterjee Mr. Akash Deep Mukherjee Mr. Tirupati Mukherjee Ms. Koel Mukherjee

……Petitioner. .....for the Petitioner. ……for the State.

There was earlier direction on 09.07.2026 of the Coordinate Bench, a report has been submitted which reflects that Amit Hazra and Joydeb Hazra are not one and the same person.

Having regard to the same, I am of the opinion that petitioner’s custodial detention may not be warranted in the facts of the present case. Accordingly, the prayer for anticipatory bail of the petitioner namely, Joydeb Hazra is allowed.

As such, I direct that in the event of arrest, the petitioner shall furnish bond subject to the satisfaction of the investigating officer/arresting officer of the case and also subject to the conditions as laid down under Section 438(2) of the Cr.P.C. and/or under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

As, the investigation of the case is still in progress, petitioner within a period of 10 days from date will meet the

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investigating officer of the case and thereafter make himself available as and when called for the by the investigating officer of the case.

With the aforesaid observations, CRM (A) 1556 of 2026 is

allowed.

Report submitted by the State be kept with the record.

All parties shall act in terms of server copy of the order 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.)