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

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

What the court decided

AI extract

Outcome

Anticipatory bail granted to petitioner Nos.2 and 3 (Md. Saheb and Md. Jainul) on a bond of Rs.10,000/- each with two sureties of like amount (one local), subject to Section 482(2) BNSS conditions and directions to surrender before the jurisdictional court within four weeks; application of petitioner No.1 (Md. Rahul) rejected; application otherwise disposed of.

Issue for consideration

Whether the petitioners are entitled to anticipatory bail under Section 482 of the BNSS, 2023 in connection with Manikchak P.S. Case No.725 of 2025. +1 more

Court's answer

Anticipatory bail granted to petitioner Nos.2 and 3 (Md. Saheb and Md. Jainul): in the event of arrest they shall be released on bail on 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.

Ratio / Principle

The application for anticipatory bail of petitioner No.1 (Md. Rahul) is rejected.

Key takeaways

Release of petitioner Nos.2 and 3 is subject to the conditions under Section 438(2) CrPC corresponding to Section 482(2) BNSS and further conditions: surrender before the jurisdictional court within four weeks, pray for bail, attend the jurisdictional court regularly, and not threaten or intimidate witnesses.ratio¶8
The differential outcome rested on the alleged role ascribed to each petitioner and the case-diary materials, including that the neighbours' statements implicate only petitioner No.1 by name, alongside the fact that a charge-sheet has been submitted.ratio¶5

Detailed headnote1 paragraphs

Anticipatory bail - Section 482, Bharatiya Nagarik Suraksha Sanhita, 2023 - offences under Sections 126(2)/117(2)/351(3)/109/3(5), BNS 2023 arising from Manikchak P.S. Case No.725 of 2025 - scuffle between private parties; State relied on injury report showing abrasion over face and discolouration around left eye, assault allegedly by hands, lathi and rod - charge-sheet submitted - FIR named all petitioners but neighbours' statements implicated only petitioner No.1 by name - held: anticipatory bail granted to petitioner Nos.2 and 3 (Md. Saheb and Md. Jainul) on a bond of Rs.10,000/- each with two sureties of like amount, one local, subject to Section 438(2) CrPC/Section 482(2) BNSS conditions and further conditions to surrender before the jurisdictional court within four weeks, attend regularly and not threaten or intimidate witnesses; application of petitioner No.1 (Md. Rahul) rejected - application partly allowed and disposed of (Jay Sengupta, J.).

AD 43 February 9, 2026 Ct. 28 SG

CRM(A) 263 of 2026 Partly Allowed An application for anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Manikchak P.S. Case No.725 of 2025 dated 21.09.2025 under Sections 126(2)/117(2)/351(3)/109/3(5) of the BNS, 2023. And In the matter of: Md. Rahul and others … petitioners Mr. Arup Kumar Bhowmick … for the petitioners Ms. Manisha Sharma Ms. Baishakhi Chatterjee … for the State

Learned counsel for the petitioners submits that there was a scuffle between the private parties, but no grievous injury was caused.

Learned counsel for the State opposes the prayer for anticipatory bail and relies on the injury report which shows abrasion over the face and discolouration around the left eye. She submits that the assault was allegedly committed by hands, lathi and rod. Although in the FIR the de facto complainant had taken the names of all the petitioners, the statements of the neighbours implicate only the petitioner No.1 by name.

Considering the above, the other materials available in the case diary, the alleged role ascribed to each of the petitioners and the fact that a charge-sheet has been submitted, while I am inclined to grant anticipatory bail to

2

the petitioner Nos.2 and 3, the application for anticipatory bail of the petitioner No.1 (Md. Rahul) is rejected.

In the event of arrest, the petitioner Nos.2 and 3 (Md. Saheb and Md. Jainul)) shall be released on bail upon furnishing a bond of Rs.10,000/- (rupees ten thousand) 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 the further conditions that the petitioner Nos. 2 and 3 shall surrender before the jurisdictional court within four weeks from this date and pray for bail, attend the jurisdictional court regularly and shall not threaten or intimidate witnesses.

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

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

(Jay Sengupta, J.)