Calcutta High Court
CRM(A)/514/2026 of ALIUL HAQUE@PHITAN@HOQUE Vs THE STATE OF WEST BENGAL on 23 July 2026
Court No.11 (GB) Calcutta High Court In the Circuit Bench at
23.07.2026
Item No.8
Court No.11
(GB)
Calcutta High Court
In the Circuit Bench at Jalpaiguri
CRM (A) 514 of 2026
In Re: - An application for anticipatory bail under section 482 of the B.N.S.S. 2023, in connection with Kuchlibari Police Station Case No.28 of 2026 dated 01.04.2026 under Sections 21/24(1) of the Immigration and Foreigners Act.
And
In the matter of: Aliul Haque @ Phitan @ Hoque
….Petitioner.
Mr. Joydeep Kanta Bhowmik,
Mr. Sayantan Bhowmik,
Ms. Jasmin Haque,
Mr. Shubham Kumar
Ms. Priti Das
…for the Petitioner.
Mr. Janardan Periwal,
Mr. Bapi Sarkar,
Mr. Nigam Mittal
… for the State.
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1. The petitioner prays for pre-arrest bail in connection with Kuchlibari Police Station Case No.28 of 2026 dated 01.04.2026 under Sections 21/24(1) of the Immigration and Foreigners Act.
2. The learned advocate for the State opposes the prayer for anticipatory bail and produces the case diary.
3. It appears that the co-accused who were in the similar footing, have already been granted anticipatory bail by the learned sessions Judge.
4. Learned advocate for the State submits that the petitioner facilitates cattle smuggling and the principal accused is in custody. The complaint lodged by the BSF indicates that the petitioner is one of the suspects.
5. Considering that the petitioner is on the same footing, the prayer for anticipatory bail is allowed. Accordingly, I direct that in the event of arrest the petitioner shall be released on bail upon furnishing a bond
2 of Rs.20,000/- 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 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023 corresponding to Section 438(2) of the Code of Criminal Procedure. The further condition is that the petitioner shall meet the Investigating Officer once in a week until further orders. The petitioners shall not leave the jurisdiction of Kuchlibari police station.
6. In case the petitioner fails to adhere to any of the conditions as stated above, anticipatory bail stands automatically cancelled without further reference to this Court.
7. The application for anticipatory bail, being CRM (A) 514 of 2026 is allowed and disposed of.
8. All parties shall act on the server copies of this order duly downloaded from the official website of this Court.
(Shampa Sarkar, J.)