Calcutta High Court
CRM(A)/553/2026 of JHAMRUL MD @ JHAMRUL HAQUE @ JHAMAL HAQUE AND ORS Vs THE STATE OF WEST BENGAL on 28 July 2026
SL No.23 Court No.11 (gc) (Partly-Allowed) CALCUTTA HIGH COURT IN THE CIRCUIT
28.07.2026
SL No.23
Court No.11
(gc)
(Partly-Allowed)
CALCUTTA HIGH COURT
IN THE CIRCUIT BENCH AT JALPAIGURI
CRM (A) 553 of 2026
In Re:- An application for anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 filed in connection with Kuchlibari Police Station Case No.41 of 2026
dated
27.04.2026
under
Sections
126(2)/329(4)/115(2)/117(2)/74/109/3(5) of the BNS, 2023
corresponding to G.R. Case No.185 of 2026.
And
In the matter of : Jhamrul Md @ Jhamrul Haque @ Jhamal Haque & Ors.
- Petitioners.
Mr. Hillol Saha Podder,
Ms. Mousumi Das
….For the Petitioners.
Mr. Avrojyoti Das, Ld. APP,
Mr. Sanjay Mazoomdar,
Mr. Nigam Mittal
… For the State.
Citations and Judicial Treatment
Cited by
0
Decisions in the index citing it
Cites
0
Decisions referred to
In this index
0
Of the decisions it cites
Overruled / Questioned
0
No negative treatment found
Loading the citing and cited decisions…
This judgment in the centre: on the left the decisions it cites, on the right the decisions citing it. Colour is the treatment; choose a decision to open it.
1. The petitioners pray for pre-arrest bail in connection with Kuchlibari Police Station Case No.41 of 2026 dated 27.04.2026 under Sections 126(2)/329(4)/115(2)/117(2)/74/109/3(5) of the BNS, 2023. The learned Advocate for the petitioners submits that the petitioners have been falsely implicated in this case. He also submits that there was a previous enmity between the parties and as such a mild scuffling took place on the date when a religious programme had been organized.
2. Learned Advocate for the State opposes the prayer for pre-arrest bail and produces the case diary.
3. Considering the medical report, the statements of the de facto complainant and other injured persons, prayer for pre-arrest bail in respect of petitioner nos.3,4 and 6, namely, Maski Md @ Maniuddin @ Manuddin Hoque, Aabudarda Md @ abuda Addar and Mani Md @ Maksedul @ Maksedul Haque is denied and rejected.
4. However, pre-arrest bail in respect of petitioner nos.1, 2, 5, 7 and 8, namely, Jhamrul Md @ Jhamrul Haque @ Jhamal Haque, Taima Bibi @ Taima Khatun Bibi, Md. Ejakul, Jahagir Md @ Jahangir Alam and Aamirul Md @ Ambul Hossain @ Md Amrul Hossain is allowed.
5. Accordingly, this Court directs that, in the event of arrest, the petitioners nos.1, 2, 5, 7 and 8 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, 5, 7 and 8 shall meet the investigating officer once a week. The petitioner no.2 will cooperate with the investigation.
6. The petitioners shall not leave the jurisdiction of the Kuchlibari Police Station. The petitioners shall not intimidate witnesses or tamper with evidence in any manner whatsoever.
7. In default, the jurisdictional court shall be at liberty to cancel the bail without further reference to this court.
8. The application for anticipatory bail is, thus, disposed of.
9. All parties shall act on the server copies of this order duly downloaded from the official website of this Court.
(Shampa Sarkar, J.)