Aurangeb Sekh And ANR. v. State Of West Bengal And ANR

AD 28 December 22, 2025 Ct. 28 SG CRM(A) 4012 of 2025 An application for anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Complaint Case No.2C/2025 (7 to 2025) lying before the Learned Judicial Magistrate at Khatra, Bankura. And In the matter of:

Aurangjeb Sekh and another ... petitioners Mr. Bibek Jyoti Basu Mr. Uttam Kumar De ... for the petitioners Mr. Aniket Mitra Ms. Suruchi Saha ... for the State Leave is granted to amend the cause-title.

Learned counsel for the petitioners submits that although the present complaint case involves bailable sections, a warrant of arrest has been issued against the present petitioners. In connection with the same complaint, as an adverse party the petitioner went to appear before the Court. When he was returning, the private opposite party/de facto complainant along with his men and agents accosted and assaulted him. His throat was slit. He somehow survived. He apprehends that if he goes to that court again, a similar offence may be repeated. Learned counsel for the State opposes the prayer for anticipatory bail and submits that it is only a bailable warrant which has been issued.

It appears that although the petitioners have approached this Court, the anticipatory bail application would not lie in case of such bailable offences.

In view of the above, the application for anticipatory bail is disposed of by granting liberty to the petitioners to approach the learned jurisdictional court with a prayer for bail. For such purpose, the petitioners may not be arrested for a period of three weeks from this date.

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

(Jay Sengupta, J.)