Alam Mia Vs the State of West Bengal — Bail and Remand | Calcutta HC (2026)

Alam Mia Vs the State of West Bengal — Bail and Remand | Calcutta HC (2026)

What the court decided

AI extract

Outcome

Bail allowed; petitioner Alam Mia to be released on furnishing bond of Rs. 10,000/- with two sureties of like amount each (one local) to the satisfaction of the Additional Sessions Judge, Mathabhanga, Cooch Behar, subject to appearance before the trial Court on every hearing date and non-intimidation of witnesses / non-tampering with evidence; trial Court empowered to cancel bail on breach without further reference to this Court.

Issue for consideration

Whether the petitioner, Alam Mia — an accused in Sitalkuchi Police Station Case No. 464 of 2024 (Sections 103(10)/238/61(2), BNS 2023) who has been in custody for more than a year — should be released on bail.

Court's answer

This Court held that further detention of the petitioner is not required and he may be released on bail, considering that his name transpired from a co-accused's statement, the weapon was recovered on his leading statement, the charge sheet stands submitted, the co-accused is already bailed, and trial has commenced.

Ratio / Principle

The prayer for bail is allowed: the petitioner Alam Mia is to be released on furnishing a bond of Rs. 10,000/- with two sureties of like amount each (one local) to the satisfaction of the learned Additional Sessions Judge, Mathabhanga, Cooch Behar, subject to appearing before the trial Court on every hearing date and refraining from intimidating witnesses or tampering with evidence.

Key takeaways

If the petitioner fails to adhere to the bail conditions without justifiable cause, the trial Court shall be at liberty to cancel his bail in accordance with law without further reference to this Court.ratio¶¶14

Detailed headnote1 paragraphs

BAIL GRANTED — High Court at Calcutta (Jalpaiguri Circuit Bench), CRM (M) 17 of 2026, decided February 18, 2026: Alam Mia, in custody over a year in Sitalkuchi Police Station Case No. 464 of 2024 (dt. 5/10/2024) under Sections 103(10)/238/61(2) of the BNS, 2023, sought bail under Section 483 BNSS 2023. His name transpired from a co-accused's statement, who allegedly appointed him for murdering his father; the offending weapon was recovered pursuant to the leading statement of the petitioner and the co-accused; the charge sheet has been submitted; the principal/co-accused was earlier granted bail by this Court; and trial has commenced. Finding further detention unnecessary, the Court allowed the prayer for bail: release on bond of Rs. 10,000/- (two sureties of like amount each, one local) before the Additional Sessions Judge, Mathabhanga, Cooch Behar, conditioned on attendance at every hearing and no intimidation of witnesses or tampering with evidence; breach without justifiable cause permits the trial Court to cancel bail without further reference. Application disposed of; case diary ordered returned.

February 18, 2026 38 ARDR Allowed

IN THE HIGH COURT AT CALCUTTA CIRCUIT BENCH AT JALPAIGURI CRIMINAL MISCELLANEOUS JURISDICTION

CRM (M) 17 of 2026

In Re : An application for bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Sitalkuchi Police Station case no. 464 of 2024 dated 5/10/2024 under Sections 103(10)/238/61(2) of the BNS, 2023.

And In Re : Alam Mia ... Petitioner Adv. Subhasish Misra, Adv. Satyajit Paul, Adv. Rounak Ghosh, ... for the Petitioner. Adv. Aditi Shankar Chakraborty, Adv. Biswarup Roy, …for the State.

Learned counsel for the petitioner submits that the petitioner is in custody for more than a year upon being falsely implicated. The principal accused has been granted bail by this Court earlier. Charge sheet has been submitted. The petitioner prays for bail.

Learned counsel for the State opposes the prayer.

I have considered the material on record.

The petitioner’s name has transpired from the statement of the co accused. It is alleged that the co accused appointed the petitioner for murdering his father. The offending weapon has been recovered pursuant to the leading statement of the petitioner and the co accused. The co accused has been granted bail earlier. Trial has commenced.

2

In view of the above, this Court is inclined to hold that further detention of the petitioner is not required and he may be released on bail.

Accordingly, the prayer for bail is allowed.

The petitioner namely Alam Mia be released on bail upon furnishing bond of Rs.10,000/- (Rupees ten thousand only), with two sureties of like amount each, one of whom should be local, to the satisfaction of the learned Additional Sessions Judge, Mathabhanga, Cooch Behar subject to condition that he shall appear before the learned trial Court on every date of hearing. He shall not intimidate witnesses or tamper with evidence in any manner whatsoever.

In the event the petitioner fails to adhere to any of the conditions as stated above without justifiable cause, the learned trial Court shall be at liberty to cancel his bail in accordance with law without further reference to this Court.

CRM (M) 17 of 2026 is thus disposed of.

Case Diary be returned.

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

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