Research › Search › Judgment

Calcutta High Court · body

2026 DAILYLAW 18698 (CAL)

BIKASH SARKAR AND OTHERS v. STATE OF WEST BENGAL AND ANR

CRR/4019/2025 · 2026-01-07

Ajoy Kumar Mukherjee

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

07.01.2026 Sl. No.41. D/L. Mithun. Ct.No.29. CRR/4019/2025 Bikash Sarkar & Ors. Vs. The State of West Bengal & Anr. Mr. Raja Biswas, Mr. Abhijit Sarkar …for the petitioners The petitioners herein assailed the order dated 17th June, 2025 by which the Court below has issued warrant of arrest against the petitioners. Being aggrieved by the aforesaid order, learned Counsel for the petitioners submits that due to some miscommunication, petitioners failed to appear before the learned Court on that day and in consequence thereof, the learned Court below cancelled the bail so granted and issued non-bailable warrant of arrest against them. He did not give opportunity to the surety to produce the accused persons. However, petitioners submits that they intend to surrender before the Court below and, therefore, pray for granting leave. Having heard learned Counsel for the petitioner, it appears that the prayer made by the petitioners is innocuous and if it is allowed in terms of the prayer, opposite party will have no cause to prejudice and, as such, service of copy of application upon the opposite party is dispensed with. Having heard learned Counsel for the petitioners, the prayer is allowed. 2 CRR 4019 of 2025 is hereby disposed of giving liberty to the petitioners to surrender before the Court below within a period of two weeks and in the event of such surrender, the Court below will dispose of his prayer in accordance with law without being influenced by any observation made herein. The impugned order dated 17.06.2025 and subsequent orders which pertains to issuance of warrant of arrest against the petitioners shall be stayed for a period of two weeks or till the petitioners surrender before the Court below, whichever is earlier. Parties to act on a server copy of this order duly collected from the official website of the Hon’ble High Court, Calcutta. ( Dr. Ajoy Kumar Mukherjee, J. )