Atiar Miah@Atiyar Miya Vs the State of West Bengal — Anticipatory Bail | Calcutta HC (2026)

Atiar Miah@Atiyar Miya Vs the State of West Bengal — Anticipatory Bail | Calcutta HC (2026)

What the court decided

AI extract

Outcome

Anticipatory bail granted: in the event of arrest, release on furnishing a bond of Rs.20,000/- with two sureties of Rs.10,000/- each (one local), subject to Section 438(2) CrPC / Section 482(2) BNSS 2023 conditions; weekly reporting to the Investigating Officer from 16.01.2026; Investigating Officer may pray for cancellation after eight weeks upon violation; the application being CRM (A) 25 of 2026 is disposed of.

Issue for consideration

Whether anticipatory bail should be granted to the petitioner, Atiar Miah @ Atiyar Miya, who submits he is similarly situated as other accused persons already granted anticipatory bail by the learned Sessions Judge, Cooch Behar. +1 more

Court's answer

Having regard to the Section 161 CrPC statements and the letter of complaint, the Court does not find the petitioner differently situated than the other accused persons who have been extended the privilege of anticipatory bail.

Ratio / Principle

Although a case has been made out, in the facts and circumstances of the present case custodial detention of the petitioner may not be warranted, and the prayer for anticipatory bail is allowed despite the injuries (including severe injuries to one victim) shown in the injury reports.

Key takeaways

In the event of arrest, the petitioner shall be released on bail upon furnishing 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 Arresting Officer, subject to the conditions under Section 438(2) CrPC 1973 / Section 482(2) BNSS 2023.ratio¶12
As the investigation is in progress, the petitioner shall meet the Investigating Officer of the case once in a week on and from 16th January, 2026.ratio¶13
In case of violation of the conditions, the Investigating Officer, after a period of eight weeks, will pray for cancellation of the anticipatory bail of the petitioner.

Detailed headnote1 paragraphs

Anticipatory bail — S.482 BNSS 2023 — C.R.M.(A) 25 of 2026 — Atiar Miah @ Atiyar Miya sought anticipatory bail in connection with Dinhata Police Station Case No. 605 of 2025 dated 16.12.2025 under Sections 329(3)/115(2)/117(2)/118(2)/74/351(2)/3(5) of the Bharatiya Nyaya Sanhita, 2023. Petitioner pleaded parity with co-accused already granted anticipatory bail by the learned Sessions Judge, Cooch Behar; the State opposed, drawing attention to the injury reports showing injuries on two victims, severe in nature for one. Reading the Section 161 CrPC statements and the letter of complaint, Tirthankar Ghosh, J. (single-member bench, High Court at Calcutta Circuit Bench at Jalpaiguri, decided 14.01.2026) held the petitioner not differently situated than the co-accused extended the privilege of anticipatory bail, and opined that although a case had been made out, custodial detention might not be warranted. Prayer allowed: release on bond of Rs.20,000/- with two sureties of Rs.10,000/- each (one local), to the satisfaction of the Arresting Officer, subject to Section 438(2) CrPC 1973 / Section 482(2) BNSS 2023 conditions; weekly meetings with the Investigating Officer from 16.01.2026; Investigating Officer empowered to pray for cancellation after eight weeks upon violation; application disposed of.

14.01.2026

Item No.30 Ct.No.3 dc. Allowed

IN THE HIGH COURT AT CALCUTTA CIRCUIT BENCH AT JALPAIGURI

C.R.M. (A) 25 of 2026

In Re : An Application for anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 filed in connection with Dinhata Police Station Case No. 605 of 2025 dated 16.12.2025 under Sections 329(3)/115(2)/117(2)/ 118(2)/74/351(2)/3(5) of the Bharatiya Nyaya Sanhita, 2023.

And In Re : Atiar Miah @ Atiyar Miya ... Petitioner. Mr. Sayan De, Ms. Esha Acharya, Mr. Rimik Chakraborty ... For the Petitioner. Mr. Kallol Acharjee, Mr. Tapan Bhattacharjee ... For the State.

Learned advocate appearing for the petitioner submits that the present petitioner is similarly situated as other accused persons who have been granted anticipatory bail by the learned Sessions Judge, Cooch Behar.

Learned advocate appearing for the State, on the other hand, opposes the prayer for anticipatory bail and draws the attention of the Court to the injury reports.

I find from the injury reports that there are injuries which have been inflicted upon two victims. In case of one of the victims, I also find that injuries are of severe in nature. However, having regard to the statements under Section 161 of the Code of Criminal Procedure as also the letter of

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complaint, I do not find that the present petitioner viz. Atiar Miah @ Atiyar Miya is differently situated than the other accused persons who have been extended the privilege of anticipatory bail. As such, although a case has been made out, but in the facts and circumstances of the present case, I am of the opinion that custodial detention of the present petitioner may not be warranted. As such, the prayer for anticipatory bail of the petitioner is allowed .

In the event of arrest, the petitioner shall be released on bail upon furnishing 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 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 Bharatiya Nagarik Suraksha Sanhita, 2023.

As the investigation of the case is in progress, petitioner shall meet with the Investigating Officer of the case once in a week on and from 16^th January, 2026.

In case there is violation of the conditions, the Investigating Officer of the case, after a period of eight weeks, will pray for cancellation of the anticipatory bail of the petitioner.

The application for anticipatory bail, being CRM (A) 25 of 2026, is, thus, disposed of.

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

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

(Tirthankar Ghosh, J.)