Abu Taher and Ors. Vs the State of West Bengal — Anticipatory Bail | Calcutta HC (2026)

Abu Taher and Ors. 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 bail on furnishing a bond of Rs.20,000/- each with two sureties of like amount each (one of whom must be local), to the satisfaction of the Arresting Officer, subject to the conditions under Section 438(2) CrPC / Section 482(2) B.N.S.S.; petitioner nos.1-4 to meet the investigating officer once a week, petitioner nos.5-7 to cooperate with the investigation; petitioners not to leave Dhupguri Police Station jurisdiction and not to intimidate witnesses or tamper with evidence; jurisdictional court at liberty to cancel bail on default.

Issue for consideration

Whether the petitioners are entitled to anticipatory (pre-arrest) bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Dhupguri Police Station Case No.213 of 2026.

Court's answer

Pre-arrest bail granted: the three injury reports showed the injuries to be simple and custodial interrogation of the petitioners was not necessary.

Ratio / Principle

In the event of arrest, the petitioners are to be released on bail on furnishing a bond of Rs.20,000/- each with two sureties of like amount each (one of whom must be local), to the satisfaction of the Arresting Officer, subject to the conditions laid down under Section 438(2) of the Code of Criminal Procedure, 1973, corresponding to Section 482(2) of the B.N.S.S. 2023.

Key takeaways

Petitioner nos.1, 2, 3 and 4 shall meet the investigating officer once a week; petitioner nos.5, 6 and 7 shall cooperate with the investigation.ratio¶16
The petitioners shall not leave the jurisdiction of the Dhupguri Police Station and shall not intimidate witnesses or tamper with evidence in any manner whatsoever.ratio¶17
In default, the jurisdictional court is at liberty to cancel the bail without further reference to this Court.

Detailed headnote1 paragraphs

Anticipatory bail under Section 482, Bharatiya Nagarik Suraksha Sanhita, 2023 - Dhupguri Police Station Case No.213 of 2026 dated 06.07.2026 under Sections 117(2)/118(1)/126(2)/303/109/74/3(5), BNS 2023 - three injury reports of the medical officer, District Hospital/Super facility Hospital, Jalpaiguri showed the injuries to be simple; custodial interrogation held unnecessary - pre-arrest bail granted: release in the event of arrest on bond of Rs.20,000/- each with two sureties of like amount (one local), to the satisfaction of the Arresting Officer, subject to conditions under Section 438(2) CrPC, 1973 corresponding to Section 482(2) B.N.S.S. 2023 - petitioner nos.1-4 to meet the investigating officer once a week, petitioner nos.5-7 to cooperate with investigation - petitioners not to leave Dhupguri Police Station jurisdiction nor intimidate witnesses or tamper with evidence - on default, jurisdictional court free to cancel bail without further reference - application disposed of. (Calcutta High Court, Circuit Bench at Jalpaiguri; Shampa Sarkar, J.)

27.07.2026 SL No.21 Court No.11 (gc) (Allowed)

CALCUTTA HIGH COURT IN THE CIRCUIT BENCH AT JALPAIGURI

CRM (A) 522 of 2026

In Re:- An application for anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 filed in connection with Dhupguri Police Station Case No.213 of 2026 dated 06.07.2026 under Sections 117(2)/118(1)/126(2)/303/109/74/3(5) of the BNS, 2023.

And

In the matter of : Abu Taher & Ors.

Petitioners.

Mr. Anirban Banerjee, Mr. Samir Das

….For the Petitioners. Mr. Avrojyoti Das, Ld. APP, Ms. Ruchika Agarwal, Mr. Nigam Mittal

… For the State.

The petitioners pray for pre-arrest bail in connection with Dhupguri Police Station Case No.213 of 2026 dated 06.07.2026 under Sections 117(2)/118(1)/126(2)/303/109/74/3(5) of the BNS, 2023.

Learned Advocate for the State opposes the prayer for pre-arrest bail and produces the case diary.

Considered the materials-on-record and the three injury reports prepared by the medical officer of the District Hospital/Super facility Hospital, Jalpaiguri. The nature of injury is simple. This Court is inclined to grant pre-arrest bail, as custodial

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interrogation of the petitioners will not be necessary in this case.

Accordingly, this Court directs that, in the event of arrest, the petitioners shall be released on bail upon furnishing a bond of Rs.20,000/- each, with two sureties of like amount each, one of whom must be local, to the satisfaction of the Arresting Officer and 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 B.N.S.S. 2023. The petitioner nos.1,2,3 and 4 shall meet the investigating officer once a week and the petitioner nos.5, 6 and 7 shall cooperate with the investigation.

The petitioners shall not leave the jurisdiction of the Dhupguri Police Station. The petitioners shall not intimidate witnesses or tamper with evidence in any manner whatsoever.

In default, the jurisdictional court shall be at liberty to cancel the bail without further reference to this court.

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

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

(Shampa Sarkar, J.)