Authority: Calcutta High Court, Circuit Bench at Jalpaiguri

Order Date: 01 Oct 2026

Case Overview

  • Parties: Petitioner Handru Oraon (represented by counsel Sabir Ahmed and Hillol Saha Poddar) vs. State of West Bengal (represented by Avrojyoti Das, Gobinda Ghosh, Rajdeep Das).
  • Case Number: CRM (M) 350 of 2026, arising from Kharibari Police Station case no. 328 of 2026 dated 08.08.2026.
  • Statutory Basis: Bail sought under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023.
  • Allegations: FIR alleges that in 2020 the Mechi Market Byabsayee Welfare Association obtained a 7.92‑acre lease from the Government of West Bengal, subsequently encroached an additional 3.61 acres of government land, and sold the encroached portion to several persons, violating Clause 7(a) of the lease deed which prohibits transfer. The petitioner, as portfolio holder, is accused of collecting premiums from sub‑lessees and illegally selling the leasehold land, with a money‑receipt allegedly evidencing receipt from “Bharat Soud”.
  • Petitioner’s Contentions: Claims custody of about 43 days, asserts no construction or sale took place (supported by Right to Information data), and alleges the complaint is politically motivated after a regime change.
  • State’s Counter‑Argument: Points to page 12 of the case diary showing a money receipt indicating sale, and emphasizes the prohibition on transfer in the lease deed, distinguishing the petitioner from co‑accused who have already obtained bail.

Final Outcome

  • The court, after hearing both sides and reviewing the case diary, allowed the bail application.
  • Bond & Sureties: Petitioner to furnish a cash bond of Rs 20,000 and two registered sureties of Rs 10,000 each (one surety must be local).
  • Conditions Imposed:
  • No misuse of liberty; no tampering with oral or documentary evidence.
  • Must not be absent on any trial day and must not commit any offence while on bail.
  • Provide mobile phone number to the local police station and obtain prior permission before any change.
  • Must not attempt to delay the trial.
  • Cannot leave the geographical limits of Siliguri district without prior leave from the lower court.
  • Must report weekly to the Inspector‑in‑charge/Officer‑in‑Charge, Siliguri Police Station until the condition is relaxed.
  • The lower court retains discretion to cancel bail for any violation without further reference to this court.
  • The order disposes of CRM (M) 350 of 2026.
  • An urgent photostat certified copy of the order shall be provided to the parties upon compliance with formalities.

Topics: Bail, Land Lease Dispute, Criminal Procedure