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Calcutta High CourtCRM(A)/218/2026allowed

Soushish Sarkar And ORS. v. The State Of West Bengal

2026-03-25Hon'Ble Justice Jay Sengupta2 pages

25/03/2026 D/L - 43 Court No.6 S. Kundu Allowed

IN THE HIGH COURT AT CALCUTTA

CIRCUIT BENCH AT JALPAIGURI CRM (A) 218 of 2026 In Re: An application for anticipatory bail under Section 482 of the BNSS, 2023. In connection with Kotwali P.S case no. 41 of 2026 dated 21/01/2026 under sections 126(2)/115(2)/117(2)/118(2)/109/304(2)/3(5) of the BNS.

In the matter of: Soushish Sarkar & Ors.

...Petitioners.

Mr. Subhasish Misra Mr. Satyajit Paul Mr. Rounak Ghosh ...for the petitioners.

Mr. Saikat Chatterjee Mr. Chattu Roy ...for the State.

1. Learned counsel appearing for the petitioners submits as follows. The petitioners have been falsely implicated in this case due to political rivalry. The principal accused in this case have already been arrested.

2. Learned counsel appearing for the State opposes the prayer for anticipatory bail. He relies on the two injury reports which, however, do not show infliction of any grievous injury. He relies on the statements of witnesses where the names of three persons have been taken along with unnamed others as the assailants. However, those three persons have been arrested.

3. Considering the above, the other materials available in the case diary and the alleged roles ascribed to the present petitioners, I do not think that custodial interrogation of the petitioners is required in this case and I am inclined to grant anticipatory bail to the petitioners.

4. In the event of arrest, the petitioners shall be released on bail upon furnishing a bond of Rs.10,000/- each with two sureties of like amount each, one of whom must be local, to the satisfaction of the Arresting Officer and also be subject to further conditions that the petitioners shall cooperate with the investigation and shall not threaten or intimidate witnesses. The petitioners shall meet the I.O once a week till submission of report in final form.

5. Accordingly, the application for anticipatory bail is allowed.

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

(Jay Sengupta, J.)