Mabud Khan Vs the State of West Bengal — Anticipatory Bail | Calcutta HC (2026)

Mabud Khan 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 a bond of Rs.10,000/- with two sureties of like amount each (one local), subject to Section 438 CrPC / Section 482 BNSS conditions, cooperation with investigation, abstention from threatening/intimidating witnesses or tampering with evidence, and weekly meeting with the Investigating Officer till submission of report in final form.

Issue for consideration

Whether anticipatory bail should be granted to the petitioner Mabud Khan under Section 438 CrPC / Section 482 BNSS in connection with Kaliachak PS Case No.1514/2025 under Sections 3 & 4 of the Explosives Substances Act, 1908.

Court's answer

Custodial interrogation of the petitioner is not required, since the only material available against him is the statement of a co-accused and other similarly circumstanced co-accused were earlier granted anticipatory bail by this Court; the court is inclined to grant anticipatory bail.

Ratio / Principle

In the event of arrest, the petitioner shall be released on bail upon furnishing a bond of Rs.10,000/- with two sureties of like amount each (one local), to the satisfaction of the Arresting Officer, subject to Section 438 CrPC / Section 482 BNSS conditions and further conditions: cooperation with investigation, no threatening/intimidation of witnesses, no tampering with evidence, and meeting the Investigating Officer once a week till submission of report in final form.

Detailed headnote1 paragraphs

Anticipatory bail – Section 438 CrPC / Section 482 BNSS – Kaliachak PS Case No.1514/2025 dated 29.08.2025 under Sections 3 & 4 of the Explosives Substances Act, 1908 – Petitioner Mabud Khan alleged to have been falsely implicated; explosives substances reportedly recovered from a mango garden, but the only material against the petitioner is the statement of a co-accused – Other similarly circumstanced co-accused had already been granted anticipatory bail by the same Court on 28.11.2025 in CRM (A) 3773 of 2025 – Custodial interrogation held not required – Bail granted in the event of arrest on a bond of Rs.10,000/- with two sureties of like amount each (one local), subject to statutory conditions, cooperation with investigation, non-intimidation of witnesses, non-tampering with evidence, and weekly meeting with the Investigating Officer till final report – Application disposed of by Jay Sengupta, J., on 22.01.2026.

22.01.2026 Sl. No.48 Ct. 28 NB

C.R.M (A) 4398 of 2025

In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure, 1973 corresponding to Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Kaliachak PS Case No.1514/2025 dated 29.08.2025 under Sections 3 & 4 of the Explosives Substances Act, 1908.

And

In the matter of: Mabud Khan … petitioner

Mr. Amaan Deep Gupta, Mr. Priyankar Ganguly, Ms. Shalini Bairagi, Ms. Pipasa Chakraborty.

…for the petitioner.

Mr. Saibal Bapuli, Mr. Sujan Chatterjee.

Learned counsel appearing on behalf of the petitioner submits as follows. The petitioner has been falsely implicated in this case. Some other similarly circumstanced co-accused were granted anticipatory bail by this Court on 28.11.2025 in CRM (A) 3773 of 2025 .

Learned counsel appearing on behalf of the State opposes the prayer for anticipatory bail. He submits that some explosives substances were recovered from a mango garden. However, the only material available against the petitioner is the statement of a co-accused.

Considering the above, the other materials available in the case diary and the fact that the only material available as against the present petitioner is the statement of a co-accused and that

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some other similarly circumstanced co-accused were granted anticipatory bail by this Court earlier, I do not think that custodial interrogation of the petitioner is required in this case and I am inclined to grant anticipatory bail to the present petitioner.

Accordingly, in the event of arrest, the petitioner shall be released on bail upon furnishing a bond of Rs.10,000/- with two sureties of like amount each, one of whom must be local, to the satisfaction of Arresting Officer and subject to the conditions as laid down under Section 438 of the Code of Criminal Procedure, corresponding to Section 482 of the Bharatiya Nagarik Suraksha Sanhita and on further condition that the petitioner shall cooperate with the investigation and shall not threaten or intimidate witnesses or tamper with evidence in any manner whatsoever and the petitioner shall meet the Investigating Officer once a week till submission of report in final form.

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

Urgent photostat certified copies of this order may be delivered to the learned Advocates for the parties, if applied for, upon compliance of all formalities.

(Jay Sengupta, J.)