Calcutta High Court
CRM (A)/3113/2026 of RAFIQUE KHAN @ GABBAR THAKADAR @ GABBAR THAKA Vs STATE OF WEST BENGAL on 1 October 2026
Court No.35. D/L. 16. Kausik (Allowed) CRM ( A ) 3113 of 2026 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 Hirapur Police Station Case No. 78 of 2026
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01.10.2026 Court No.35. D/L. 16. Kausik (Allowed)
CRM (A) 3113 of 2026
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 Hirapur Police Station Case No. 78 of 2026 dated 04.04.2026 under Sections 126(2)/115(2)/117(2)/109/351(2) of the BNS, 2023.
And
In the matter of : Rafique Khan @ Gabbar Thakadar @ Gabbar Thaka
……Petitioner.
Mr. Ranojoy Chatterjee
Ms. Riya Mahanta
Mr. Shamim Khan
……for the Petitioner.
Mr. Kaustav Lal Mukherjee
Mr. Tatini Sengupta
….for the State.
Learned advocate appearing for the petitioner submits that the accusations against the present petitioner is restricted to inflicting injuries by fists and blows.
State opposes the prayer for bail as the injured has named the present petitioner in the alleged commission of offence.
I have taken into account the materials appearing in the case diary as also the fact that charge sheet has already
2 been submitted before the jurisdictional Court. Having considered the same, I am of the opinion custodial detention of the petitioner is unwarranted.
As such, prayer for anticipatory bail is allowed. As such, I direct that in the event of arrest, the petitioner, namely, Rafique Khan @ Gabbar Thakadar @ Gabbar Thaka be released on bail subject 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. This order of anticipatory bail will remain valid for a period of 6 weeks. Accordingly, CRM (A) 3113 of 2026 is allowed. Memo of Evidence submitted be kept with the record.
All parties shall act in terms of server copy of the order downloaded from the official website of this Court. Urgent photostat certified copy of this order, if applied for, be supplied to the parties upon compliance with all requisite formalities.
(Tirthankar Ghosh, J.)