Allowed¶15

Amzad Hossain v. the State of West Bengal and Anr.

Anticipatory bail – CRM (A) 870 of 2025

Calcutta HC8 Jan 2026CRM(A)/870/2025

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Case brief

AI extract

What is this about?

Anticipatory bail allowed; Section 438 Cr.P.C.; Section 482 BNSS; Sections 329(4)/64(1)/351(2) Bharatiya Nyaya Sanhita 2023; Cooch Behar Kotwali Women Police Station Case No. 201 of 2025; Sadar (Cooch Behar) Women Police Station Case No. 105 of 2025; Amzad Hossain; bond Rs.20,000; two sureties Rs.10,000 each; fortnightly meeting with investigating officer; Tirthankar Ghosh, J.; CRM (A) 870 of 2025; decision date 08.01.2026.

What did the court decide?

Anticipatory bail granted: in the event of arrest, release on bail on furnishing a bond of Rs.20,000 with two sureties of Rs.10,000 each (one local surety), subject to Section 438(2) Cr.P.C./Section 482(2) BNSS conditions, and a direction to meet the investigating officer once a fortnight till charge-sheet. ¶15

Amzad Hossain Vs the State of West Bengal and Anr. — Anticipatory Bail | Calcutta HC (2026)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the petitioner, Amzad Hossain, is entitled to anticipatory bail under Section 438 Cr.P.C./Section 482 BNSS in connection with (Cooch Behar) Kotwali Women Police Station Case No. 201 of 2025.

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Court's answer

On consideration of the materials collected in the present case and an assessment of both case diaries, custodial detention of the petitioner is not warranted in the facts and circumstances of the case.

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Ratio / Principle

The prayer for anticipatory bail is allowed: in the event of arrest, the petitioner is to be released on bail on furnishing a bond of Rs.20,000 with two sureties of Rs.10,000 each (one of whom must be local), subject to the conditions under Section 438(2) Cr.P.C./Section 482(2) BNSS.

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Key takeaways

Since investigation is in progress, the petitioner shall meet the investigating officer once in a fortnight until the charge-sheet is furnished before the learned jurisdictional Court.ratio¶16

Detailed headnote1 paragraphs

Anticipatory bail — CRM (A) 870 of 2025 — Amzad Hossain v. State — High Court at Calcutta, Circuit Bench at Jalpaiguri (Tirthankar Ghosh, J.), 08.01.2026: Considering the case diary of (Cooch Behar) Kotwali Women Police Station Case No. 201 of 2025 (Ss. 329(4)/64(1)/351(2), Bharatiya Nyaya Sanhita, 2023) together with the case diary of Sadar (Cooch Behar) Women Police Station Case No. 105 of 2025 produced by the State, the Court held custodial detention unwarranted and allowed anticipatory bail under S.438 Cr.P.C./S.482 BNSS on a bond of Rs.20,000 with two sureties of Rs.10,000 each (one local), subject to statutory conditions under S.438(2)/S.482(2); petitioner directed to meet the investigating officer once a fortnight till charge-sheet.

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08.01.2026 Item no. 06. Court No.3. Rakib (Allowed)

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In the High Court at Calcutta Circuit Bench at Jalpaiguri Criminal Miscellaneous Jurisdiction

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CRM (A) 870 of 2025

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In Re: An Application for Anticipatory Bail under Section 438 of the Code of Criminal Procedure, 1973/Under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with (Cooch Behar) Kotwali Women Police Station Case No. 201 of 2025 dated 15.09.2025 under Sections 329(4)/64(1)/351(2) of the Bharatiya Nyaya Sanhita, 2023.

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And

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In the matter of : Amzad Hossain.

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……Petitioner.

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Mr. Mayank Bhandari ……for the Petitioner. Mr. Ujjwal Ludsom Mr. Sagnik Sankar Sikdar ……for the State.

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Pursuant to the earlier direction the learned advocate for the State has produced the Case Diary of Sadar (Cooch Behar) Women Police Station case no. 105 of 2025 dated 04.06.2025.

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I have taken into account the materials appearing in the said Case Diary as also the materials appearing in the present case in connection with (Cooch Behar) Kotwali Women Police Station case no. 201 of 2025.

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Having considered the materials which have been collected in connection with the present case and on an assessment of both the Case Diaries, I am of the view that custodial detention is not warranted in the facts and circumstances of the present case.

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Accordingly, the prayer for anticipatory bail of the petitioner is

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allowed.

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As such, I direct that in the event of arrest, the petitioner be released on bail upon furnishing a bond of Rs.20,000/(Rupees Twenty Thousand only), with two sureties of Rs. 10,000/(Rupees Ten Thousand only) each, one of whom must be local to the satisfaction of the investigating officer/arresting officer of the case and also subject to the conditions as laid down under Section 438(2) of the Cr.P.C. and/or under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

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As the investigation of the case is in progress, the petitioner shall meet with the investigating officer once in a fortnight till the charge-sheet is furnished before the learned jurisdictional Court.

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With the aforesaid observations CRM (A) 870 of 2025 is

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allowed.

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Report submitted by the State be kept with the record.

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

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

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(Tirthankar Ghosh, J.)

Amzad Hossain v. the State of West Bengal and Anr.

Case brief

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Amzad Hossain v. the State of West Bengal and Anr.

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